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The hearing was spurred by Corpus’ move to appeal the Board of Supervisors’ unanimous decision to oust her in June, an authority the Board was granted with voter approval of a charter amendment in March’s special election for Measure A.
Measure A was the Board’s way of removing Corpus, who remained defiant against calls to resign after the release of a scathing, 400-page investigation by retired judge LaDoris Cordell alleging that Corpus had an inappropriate relationship with her chief of staff and fostered a culture of intimidation and retaliation in the sheriff’s office.
Nearly one year after the release of Cordell’s report, Corpus is set to face retired Judge James Emerson, who served 20 years in the Santa Clara County Superior Courts but will oversee the hearing.
Emerson was chosen to preside over the hearing as an independent officer. Corpus and the county mutually agreed to select Emerson considering his experience and neutrality as a retired judge from outside the county.
The full evidentiary hearing will operate based on rules prescribed by Emerson and the same procedures governing other proceedings in the San Mateo County Superior Court, according to a county spokesperson.
Each side will have up to five days to call witnesses to the stand and present evidence.
Members of the public will be able to attend the hearing on a first come, first served basis. It will not be live streamed and cameras are not allowed inside the courtroom.
Once the hearing concludes, Emerson will have up to 45 days to submit a written opinion to the Board which must contain a recommendation on whether there is cause for removal.
“Cause” includes violating any law related to the performance of the sheriff’s duties, flagrant or repeated neglect of duty, misappropriation of public funds or property, willful falsification of official statements or documents, or obstruction of a lawful investigation into the sheriff or the Sheriff’s Office, according to Section 412.5 of the county charter.
The Board then has 30 days to make a final decision based on Emerson’s recommendation.
“The County looks forward to the presentation of evidence at the upcoming hearing and to receiving the hearing officer’s recommendation, which will be submitted to the Board of Supervisors for consideration,” said county spokesperson Effie Milionis Verducci in a statement.
Corpus has attempted multiple times to put a stop to the hearing by filing requests for temporary restraining orders. On Wednesday, U.S. District Court Judge Vince Chhabria denied her motion to block or postpone the hearing, saying that he was “skeptical” that the Measure A process would violate her constitutional rights, according to the written order.
The county said that Chhabria’s ruling demonstrates the legality of the hearing, even though the Measure A process has never been done before in state history.
“The County of San Mateo reaffirms its full commitment to upholding the integrity of this process, which was established to promote transparency, accountability, and responsiveness in local governance,” Milionis Verducci said. “We are confident in the fairness and structure of the Measure A framework; it reflects the will of the voters and ensures that all proceedings are conducted with the utmost integrity.”
The hearing will start Monday at 9 a.m. in Courtroom 2M at the San Mateo County Hall of Justice in Redwood City.
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