Professor Stephen Wagner
swagner@avemarialaw.edu
Phone (239) 687-5357
Education: Lincoln Law School of San Jose; JD 1995
Canada College; AA English and Paralegal Studies; 1989
State Bar of California (SBN: 213177)
Areas of Expertise: Criminal Law; Criminal Procedure; Evidence; Trial Advocacy; Remedies; Moot Court
Professional Experience:
Stephen Wagner joins the Ave Maria School of Law faculty after serving twenty-two years as a member of the adjunct faculty at Monterey College of Law and San Luis Obispo College of Law. Over this span, he has taught several doctrinal subjects, including Constitutional Law, Criminal Law & Procedure, Evidence, Remedies and Moot Court/Trial Advocacy. In conjunction with his core and doctrinal subjects, he has also played a pivitol role in faculty development, remedial-based writing workshops with “at-risk” students and as co-host of “Wagner & Winick On The Law,” a nationally syndicated talk show broadcasted live from KSCO Radio, Santa Cruz, CA.
As a career-long California trial lawyer, his vast experience includes a combination of complex civil litigation and a broad spectrum of criminal cases representing the “People” as a deputy district attorney. In the civil arena, he served as lead counsel representing aggrieved parties in Wrongful Death actions, Trust Litigation, Property Disputes and Premises Liability. In the criminal arena, he sucessfully prosecuted Crimes against the Person, Theft/Property Crimes, Sexual Assault, various forms of Public-Assistance Fraud and Homicide cases. For several years, he specialized in Vehicular Homicide prosecutions often filed as Second-Degree Murder.
He is a two-time recipient (2018 and 2021) of the Mothers Against Drunk Driving “Prosecutor of the Year” award (Southern California Region.) His prowess, creativity and dedication in the classroom has been repeatedly recognized by his former students who have honored him four times with the coveted “Outstanding Professor” award. In honor of his many years of commitment he was recently bestowed the honor of “Distinguished Professor.”
Published works and Presentations:
- “Costa Report” / “Wagner & Winick On The Law” (Nationally syndicated talk radio show). Broadcast live from KSCO Radio in Santa Cruz, CA and on Voice America 2015-2019
- Published several times in California District Attorneys Association (“CDAA” Case Digest on search and seizure and interrogation topics. Articles ran from 2003 to 2006
- How To Prepare Your Jury For A “No Bad Driving” DUI
- Behind The Wheel, CDAA, Vol. 8, No. 3 (February 28, 2003)
- “Thank You Judge May I Have Another,…15 Minutes That Is,” Behind The Wheel, CDAA (2011). This article addressed the topic of effective opening statements under time constraints.
- Mental Condition and Impairment Defenses in DUI Prosecutions: Drug Abuse, Sleep Driving, or Voluntary Intoxication Masquerading as “Insanity,” Behind The Wheel, CDAA, Vol. 15 (2009-2010)
- “Looking Beyond Black Letter Law,” Successful writing strategies for First-Year Law Students, The Law Student Journal, December, 2005
- “Prepping For Bar Prep,” The Law Student Journal, Jan. 2007
- CDAA Prosecution Manual, 2010 Release (Contributing Author and Editor)
- National District Attorneys Association / National Traffic Law Center / Century Council “Hardcore Drunk Driving Prosecutorial Guide, Fall (Contributing Author, 2008)
- Monterey County Barline, a Bar Association Periodical; “Admissibility of Electronic Evidence,” Summer, 2013 edition.
- Instructor, Paralegal Certificate Program, CSU (Monterey Bay), Fall 2002 and Spring, 2003.
- Instructor, CDAA. New Prosecutor’s Seminar 2-26-07 through March 1, 2007. Topic(s): Domestic Violence, Working With Reluctant Witnesses.
- Graduate, Faculty Development Course, National District Attorneys Association, National Advocacy Center, University of South Carolina, Columbia, South Carolina, December, 2006.
- Instructor, National District Attorneys Association, 10-15-07 to 10-19-07, Trial Advocacy; National Advocacy Center, Columbia, South Carolina.
- Instructor, CDAA. Vehicular Homicide Seminar, Summers from 2008 to 2011. Taught in the Trial Advocacy track.
- Instructor, Commercial Vehicle / CDL Prosecutions, NDAA, Charleston, South Carolina, December 6-8, 2011.
- Instructor/Presenter, Traffic Safety Prosecutors, Kansas City, MO (2009) Collision Reconstruction and Trial Tactics.
- Instructor/Presenter, Traffic Safety Prosecutors and Collision Investigators, Deadwood, South Dakota, 2011
- Monterey County Bar Association, CLE Programs. “Presentation of Electronically- Stored Evidence,” “Opening Statements,” “CCP 998 Offers” and “Jury Selection.” 2011, 2012 and 2014.
- California Association of Toxicologists, Los Angeles and Sacramento, “Effective Direct Examination” and “Preparation for Cross-Examination,” 2009 and 2010
Honors / Awards:
- Four-time recipient of the “Outstanding Faculty Award,” 2011, 2013, 2019 and 2021 Monterey College of Law/San Luis Obispo College of Law.
- “Employee of the Year” award, San Benito County District Attorney, 2006-2007.
- “Prosecutor of the Year” award, Southern California; Mother’s Against Drunk Driving (“MADD”) (2018).
- “Prosecutor of the Year” award, Southern California; Mother’s Against Drunk Driving (“MADD”) (2021).
- Bestowed honor of “Distinguished Professor of Law” Monterey College of Law and San Luis Obispo College of Law; 2025
