Smith, who announced her retirement on Monday while the jury was deliberating, faced the charges in a civil trial that had been filed by a Santa County Civil Grand Jury in December. Sentencing in such a case could normally result in her removal from office, but the sheriff's surprise resignation two months before the end of her sixth term makes that punishment moot.

The case against the sheriff will proceed because San Mateo County Superior Court Judge Nancy Fineman, in a ruling filed Thursday, rejected Smith’s requests that misconduct charges be dismissed.