The Apache County Board of Supervisors removed longtime county attorney Michael Whiting from office this week. He’s been indicted by a state Grand Jury on several felony and misdemeanor charges.
Whiting served as county attorney since 2008 and was the only candidate for the position on this year’s ballot.
He and wife Joy Whiting - the Apache County schools superintendent - are charged with misusing public funds, among other things. Whiting’s investigator Daryl Greer was also charged.
Whiting was officially suspended from practicing law by a disciplinary judge effective Nov. 1, following a bar complaint against him, which is now in effect. The Board’s unanimous vote means they will no longer pay Whiting.
He is also ineligible for reelection under state law.
Attorney Ed Novak is advising the board and coordinating with the Attorney General’s office. He cited another state law which says an official who has been absent from their office for three months (which Whiting has) will be considered vacant.
There are two write-in candidates running against Whiting; former Apache County Attorney Criss Candelaria and R. John Lee, but it is rare for write-in candidates to prevail.
The Attorney General’s Office has taken over supervising the county attorney’s office, and the Board of Supervisors can appoint an interim replacement for Whiting at any time.
Attorney General Kris Mayes encouraged them to do so in a letter sent Thursday.
“I encourage the Board to work with my office to promptly identify and appoint an Interim County Attorney that is acceptable to both me and the Board,” Mayes wrote, adding that she intends to visit the county seat in early November.
The replacement must be of the same political party; Whiting is a Democrat.
A new county attorney can be elected in 2026, which is the soonest election.
In February, Mayes’ office served a warrant on Whiting’s office and home. Mayes announced she would take over the office, and power was granted to Chief Deputy Celeste Robertson.
Robertson was among a handful of officials who formally asked Whiting to resign. Staff members also served Whiting with an injunction against harassment.
