Federal judge won't stop San Mateo Co. supervisors from firing sheriff, at least for now

SAN FRANCISCO (KGO) -- A San Francisco federal court judge indicated Thursday that he will not stop the San Mateo County Board of Supervisors' efforts to remove Sheriff Christina Corpus -- at least, not yet. The sheriff and her legal team had high hopes for this hearing, but it looks like the fight and any possible victory have been delayed, at least for months.

Corpus and her attorneys walked into San Francisco federal court seeking an injunction to stop the San Mateo County Board of Supervisors from firing her, saying the process set out by the voter-approved Measure A is unconstitutional.

Michael Kelly, a long-time Corpus supporter who came to watch the hearing, said, "You know, the constitutionality of it, with them being the judge, jury, and potential executioner, they've already admitted their bias. They've already said, two of them have said that, you know, she needs to be removed. She's guilty. This is supposed to be, you know, based on constitutional law and fairness."

Dan Stegink wrote the opposition statement included in the Measure A voter pamphlet, adding, "And I've always maintained that this was illegal and would not pass a legal test in court. And it's kind of obvious, at some point, this is going to be stopped."

TIMELINE: San Mateo County Sheriff Christina Corpus investigation

But not today. Judge Vince Chabbria made it clear he is reluctant to get involved in the matter until -- and if -- the supervisors fire Corpus. The judge said Corpus has not suffered "irreparable harm" yet, and he would take up the matter if the supervisors do remove her.

During the hearing, Chhabria said, "And if I conclude that there was something unlawful about the process that led to her termination, I could order her reinstated, and we could probably do that, get that done before the end of the year."

Chhabria said he could reinstate the sheriff and award back pay if she winds up prevailing on the merits of the case.

Attorneys for both sides declined to comment after today's hearing, but we asked David Canepa, board of supervisors president, about the two efforts underway to remove the sheriff -- the Measure A action through the board, and a Civil Grand Jury Accusation.

DAN NOYES: "Can you see any possibility that the board of supervisors decides to stop their process and to let the civil Grand jury do its job?"

DAVID CANEPA: "Look, I think we are committed to the process that we've outlined. As the board president, you know, I want to ensure a fair process, and I'm committed to doing that, and then following the will of the voters."

So, the efforts to remove Corpus continue down those two tracks, with the supervisors hearing run by a retired judge starting on the Aug. 18. Chhabria said he would release a written ruling.