Wagstaffe has never faced a contested election for DA. He is the longest-serving current DA in the San Francisco Bay Area. San Mateo County has had only three DAs in 70 years.
| Year | Opponent | Result | Notes |
|---|---|---|---|
| 2010 | Unopposed | 100% | First elected; succeeded Jim Fox |
| 2014 | Unopposed | 100% | No challenger filed |
| 2018 | Unopposed | 100% | No challenger filed |
| 2022 | Unopposed | 100% | Announced "final term" |
Campaign contributions: As an unopposed candidate, Wagstaffe has not faced the typical campaign finance scrutiny. He serves as President of the 100 Club of San Mateo County (a law enforcement support organization, 2014) and served as President of the California District Attorneys Association (2016-2017). He also sits on the Board of the Sheriff's Activities League — the same agencies he is responsible for holding accountable.
Sources: San Mateo County Elections Office; Climate RWC; San Mateo Daily Journal
Federal court found Wagstaffe personally engaged in racial discrimination during jury selection, striking Asian and Native American women using pretextual reasons. This is a Batson violation — the constitutional standard for prosecutorial racism. The U.S. Supreme Court declined review; the ruling stands as binding precedent.
DA's office withheld exculpatory evidence of a domestic violence incident from the defense. Judge Leland Davis III reversed the jury conviction for prosecutorial misconduct. The DA dropped the case entirely after reversal.
Judge Donald Ayoob dismissed conspiracy charges, finding prosecutors mischaracterized evidence to the grand jury and omitted exculpatory material. Defense alleged a political vendetta — Lopez had run against the sitting sheriff. Trial was delayed 7+ years.
Unarmed 36-year-old Black man tased 7 times by San Mateo County Sheriff's deputies for jaywalking. The medical examiner ruled the death a HOMICIDE. Wagstaffe refused to charge any of the 5 deputies. This was the third fatal tasing in 10 months — Wagstaffe cleared all three. San Mateo County later paid a $4.5 million settlement, the largest in county history.
Zero officers charged out of 19 fatal cases involving 52 officers during Wagstaffe's entire tenure. Less than 15% charged in non-fatal cases (5 of 37). Board of Supervisors member Slocum cited "unequal treatment" and asked the California Attorney General to investigate both the DA and Sheriff's office.
DA charged tech CEO with child sex abuse and multiple felonies. After destroying his career and reputation, DA's own office moved to dismiss all charges, admitting no sexual conduct occurred.
Rape charges were reduced to a single false imprisonment charge without consulting the victim. No jail time and no sex offender registration for the defendant. A federal lawsuit was filed. San Mateo Family Court Advocates called it a "pattern of betraying victims."
Wagstaffe threw out charges against union president Deputy Tapia, publicly stating "no crime was committed" and that Tapia "should not have been arrested." Contrast with other cases where Wagstaffe publicly declared defendants would "be held accountable" before trial.
A DDA filed felonies for a civil contract dispute without DA's knowledge. Wagstaffe personally dismissed, admitting it "simply does not rise to the level of proof beyond a reasonable doubt." The AG's office also found no criminal activity.
Statistical evidence shows Latinx defendants are 7.5x more likely to receive gang enhancement for witness dissuading and 23.1x more likely for criminal threats under Wagstaffe's office.
Refuses to disclose Brady list of 70+ officers with documented misconduct. DA Inspector Jordan Boyd is himself a Brady officer.
Twice disciplined by the State Bar for dishonesty: private reproval (2013) and public reproval with 18 months probation (2017). Wagstaffe kept her on staff as a prosecutor.
DA website lists a CRU but it contains only an application form. Zero exonerations in 15+ years. Not tracked by the National Registry of Exonerations as a functioning unit.
2020 Civil Grand Jury report found DA budget ($45.2M) was 2.3x the defense budget ($19.6M). DA budget increased 54% while defense increased only 6%. San Mateo is the only California county over 500K population without a Public Defender Office.
On-camera KTVU interview: Wagstaffe stated defendant "is going to be held accountable" before trial, violating presumption of innocence. Said "this case can be an example" — an admission of political/deterrent motivation. Made false media statements including claiming the occupant's mother was deceased (she is alive and co-sold the property) and inflating occupancy from 10 years (sworn testimony) to "45 years." Kidnapping charges were dismissed at preliminary hearing for insufficient evidence.
"[The defendant] is going to be held accountable."
"This case can be an example."
"No crime was committed. [Tapia] should not have been arrested."
"[This] simply does not rise to the level of proof beyond a reasonable doubt."
DA Wagstaffe's first-ever squatter removal prosecution. 7 felonies charged, star witness with 11 gun charges. Kidnapping charges dismissed for insufficient evidence.
Unarmed Black man tased 7 times for jaywalking. Medical examiner ruled homicide. DA Wagstaffe refused to charge any of 5 deputies. $4.5M settlement.
Detailed legal analysis of prosecutorial overcharging and media prejudice in this case.
File a complaint with the California State Bar regarding prosecutorial misconduct. Reference specific cases and court findings.
Wagstaffe announced 2022 would be his "final term." The 2026 election for San Mateo County DA is an open seat. Research candidates and vote for accountability.
San Mateo County DA Office
400 County Center, 3rd Floor
Redwood City, CA 94063
Phone: (650) 363-4636
San Mateo County Board of Supervisors can request AG investigations. Find your supervisor and demand accountability.
California AG Rob Bonta has authority to investigate DAs. Submit a complaint referencing the 0% fatal force prosecution rate.
Public awareness is the first step to accountability. Share this report card during the 2026 election cycle. Voters deserve to know.