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Board declares 'vacancy' in Apache County Attorney's Office following criminal indictment

State law instructs the board of supervisors to stop paying a county attorney's salary if they're no longer eligible for the office.

APACHE COUNTY, Ariz. — The Apache County Board of Supervisors voted Thursday to stop paying Apache County Attorney Michael Whiting following the suspension of the prosecutor's law license. 

Whiting and his wife were indicted earlier this year for allegedly misusing public funds. The indictment additionally accuses Whiting of threatening someone who was trying to run against his wife for the superintendent position. 

As a result of the criminal indictment, the Arizona State Bar issued a suspension of Whiting's license that would take effect on Nov. 1.

Arizona law states "No person shall be eligible for the office of county attorney unless he is an attorney at law, licensed and in good standing in this state."

If the county attorney is not eligible for the office, then Arizona law states that the board of supervisors shall not pay a salary to that ineligible person.

During Thursday's meeting, the board of supervisors made a motion declaring there's a "vacancy" in the county attorney's office. The board's action takes effect Nov. 1.

Arizona Attorney General Kris Mayes sent the board a letter on Thursday stating she would be "assuming all responsibilities of the Apache County Attorney effective November 1, 2024, and lasting until I provide further notice."

Mayes further encouraged the county board to "promptly identify and appoint an Interim County Attorney that is acceptable to both me and the Board."

RELATED: Apache County attorney and his wife indicted for misusing public funds

RELATED: Arizona State Bar suspends law license of indicted Apache County Attorney

*Editor's Note: The above video is from an earlier broadcast*

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