Arizona AG confirms investigation into Apache County Attorney for alleged misconduct

PHOENIX (AZFamily) — Arizona’s Family has confirmed that the Arizona Attorney General’s Office is investigating the County Attorney of Apache County.

According to a letter from the AG’s office to County Supervisors, Michael Whiting is at the center of an ongoing investigation into the alleged misuse of public monies and threatening and intimidating a political opponent. It is not clear what public monies are alleged to have been misused or who the political opponent is the Attorney General is referring to.

On the morning of June 4, agents raided Whiting’s offices in St. Johns and his personal home as part of a sealed search warrant. At the time, Whiting could not be reached for comment.

CALLS FOR WHITING TO RESIGN

On Thursday, June 6, a letter signed by three of Whiting’s top attorneys called for his resignation, reading in part, “The victims and defendants in the criminal cases we prosecute deserve the fair and impartial administration of justice that is free from the distraction that this investigation has caused and will continue to cause.”

In their letter to Whiting, they detail the raid on the county attorney’s offices, saying, “While the agents were professional and courteous, the situation left us in a state of shock. All of us, including high school interns and brand new employees, were escorted into the lobby and asked to remain there while the search was conducted.”

The letter also claims Whiting was less than a mile away in the Board of Supervisors meeting room when he was informed by text that the warrants were served and that he initially responded, “Ok I’ll be right there…” but failed to return to his office for the rest of the week.

Copies of their letter to Whiting were sent to Apache County Supervisors and the State Bar of Arizona.

Arizona’s Family reached out to Whiting, and in an emailed response received Friday, Whiting says, “I remain committed to the citizens of Apache County and will continue to serve as their County Attorney.” In an email to reporter Amy Cutler, Whiting goes on to say that he was on a pre-planned trip with family in California and detailed his cooperation with the attorney general’s investigation.

In the letter from AG Kris Mayes, she offers the support of the state’s Criminal Division and grants full authority to Whiting’s Chief Deputy to make decisions and preserve evidence in County Attorney Whiting’s absence.

Mayes’ letter also stated that if Whiting returned to the office, he would need to get approval from the A.G.’s office before making personnel decisions or spending more than $200.

WHITING’S HISTORY

Whiting has served as the county attorney in Apache County for the last 16 years, being first elected as county attorney in 2008. He is a lifelong resident of the county, according to a bio on the Arizona Prosecuting Attorneys’ Advisory Council. 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, Whiting and another attorney were reprimanded by the Arizona State Bar 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.

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