Apache County Attorney accused of harassing employees who called for his resignation

APACHE COUNTY, AZ (AZFamily)—One day after drafting a letter asking their boss to resign, three top prosecutors from Apache County have taken out an injunction against harassment against the Apache County Attorney, Michael Whiting.

The three prosecutors wrote a letter to Whiting on Thursday, June 6, asking him to resign after the Arizona Attorney General’s Office searched the county attorney’s office and Whiting’s residence in St. Johns. In the letter, the Arizona Attorney General’s Office told the Apache County Board of Supervisors that the search was related to an investigation into misuse of public monies and the threatening or intimidation of a political opponent.

Apache County Chief Deputy County Attorney Celeste Robertson, Assistant Chief Deputy County Attorney Tyron Jensen, Lead Prosecutor Garet Kartchner, and Chief of Staff Cecilia Diaz requested the injunctions against harassment against Whiting from the St. John’s Justice Court.

Kartchner told the court on June 7, the day after he and two other prosecutors asked Whiting to resign for what Kartchner called “blatant ethical violations and an ongoing criminal investigation,” he saw Whiting pass his house.

Other prosecutors also noted people driving around their homes.

“Me and my coworkers wrote a letter to Michael requesting he resign as County Attorney. Since that time he parked in front of one of my coworker’s homes as a form of intimidation,” Tyron Jensen said.

In her petition to the court, Robertson detailed a letter that could reveal a portion of the attorney general’s investigation into accusations of intimidation of a political opponent. Robertson told the court she received a letter from the county’s election director regarding an opponent of Joy Whiting, the Apache County School Superintendent and wife of the county attorney.

“In April 2024, I received a letter from the County Elections Director. The letter was written by Fernando Madrid, a political opponent of Joy Whiting, Michael’s wife. The letter indicated Madrid was withdrawing from the race because he was threatened, intimidated, and assaulted by Michael Whiting.”

Robertson said shortly after that, two employees from the office began following her.

Arizona’s Family has confirmed that Fernando Madrid and one other candidate both withdrew from the election for Apache County School Superintendent, leaving one candidate left on the ballot -- Joy Whiting.

The injunctions bar Whiting from being within 100 yards of the four employees, including their residences or workplace.

In response to the harassment claims, Whiting sent Arizona’s Family a lengthy e-mail statement describing his relationship with each member of his staff that requested the injunction. In it he described his relationship with Robertson and Diaz: “In fact they have confided in me over the years about various items in both their personal professional life. I have always treated them with respect and kindness and cheered their victories as they have developed into hardworking and competent professionals.”

Whiting said that, regarding the employees claiming to see people, including Whiting at times, following them, “In regards to surveillance, I never have, or asked anyone to surveil anyone’s house from the office.”

WHITING’S HISTORY

Whiting has served as the county attorney in Apache County for the last 16 years, being first elected in 2008. According to a bio on the Arizona Prosecuting Attorneys’ Advisory Council, he has been a lifelong resident of the county. He has a statement of interest on file in Apache County to run in the 2024 Democratic Primary, which is slated for July 30, 2024.

In 2011, the Arizona State Bar reprimanded Whiting and another attorney for authorizing “investigators from the Apache County Attorney’s Office to communicate a pending plea agreement to a represented criminal defendant outside the presence of his counsel.”

The State Bar of Arizona confirms to Arizona’s Family there is a bar charge, or complaint, filed regarding Whiting, but it is in the pre-screening process.

See a spelling or grammatical error in our story? Please click here to report it.

Do you have a photo or video of a breaking news story? Send it to us here with a brief description.

Do you have a story you want us to investigate? Tell us about it by contacting us.

Copyright 2024 KTVK/KPHO. All rights reserved.