Judge Rejects Former SMC Sheriff From Halting Removal

SAN MATEO COUNTY, CA — The San Mateo County Board of Supervisors can move forward on the process of replacing the sheriff after a judge on Tuesday rejected the former sheriff's attempt to halt the removal process.

The Board of Supervisors voted to remove Sheriff Christina Corpus on Oct. 14.

In her decision Judge Nina Shapirshteyn wrote that "maintaining the Board’s removal order pending judicial review serves the public interest in accountable and stable law enforcement leadership."

Shapirshteyn said she also found that Corpus had “not demonstrated a likelihood of success on the merits” of her claim that her due process rights were violated.

County officials said they appreciate the court’s clear ruling allowing the Board of Supervisors to continue the process.

"The judge’s decision confirms the process was fair, transparent and followed exactly as voters intended,” said Supervisor Ray Mueller. “An independent hearing officer reviewed all the evidence, the Board acted on those findings, and today’s ruling reinforces that the system worked in the best interests of our county’s residents."

Corpus had petitioned the court to prevent the County from filling the vacancy. The petition sought to halt any appointment or election until her challenge to the Board’s decision to remove her is resolved.

Shapirshteyn wrote that the hearing officer, retired Superior Court Judge James Emerson, found that Corpus "violated County conflict-of-interest law; ordered an investigation into, and warrantless arrest of, a deputy who is union president, in retaliation for the deputy's union activity and in violation of the Government Code; ordered the deputy's arrest without probable cause, in violation of the Penal Code; and retaliated against captain who refused to follow an order that he reasonably thought was unlawful, in violation of the Labor Code."

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