On Tuesday, October 1, 2024, the Presiding Disciplinary Judge of the Supreme Court of Arizona suspended Michael Whiting from the practice of law on an interim basis pending further disciplinary proceedings.
The case is entitled “In the Matter of Michael Witting,” with case no. PDJ 2024-9090.
According to the order from Judge Margaret Downie, the State Bar of Arizona and Mr. Whiting have agreed to the issuance of an interim suspension order. The suspension will remain in place until the conclusion of any pending disciplinary proceedings against Whiting unless modified or vacated.
The order also stayed two pending bar complaints against Whiting. These disciplinary investigations and proceedings have been put on hold until the resolution of criminal charges brought against Whiting.
As detailed in the indictment from the State Grand Jury, Whiting faces 10 criminal counts including harassment, sending threatening letters, misuse of public funds, theft, and conflict of interest. The charges stem from allegations that Whiting improperly used county funds and resources.
Specifically, Whiting is accused of directing an employee to purchase thousands of dollars worth of clothing and equipment for his wife, the county superintendent, using credits from duplicate orders on county credit cards. He is also alleged to have stolen over $10,000 from a forfeiture account by writing checks to purchase personal vehicles.
Additionally, Whiting faces charges of harassment and sending anonymous threatening letters to a political opponent who was running against his wife for county superintendent. The grand jury indictment says Whiting had an employee photograph the opponent’s home and vehicle and later mailed a threatening 190+ page dossier if the opponent did not withdraw from the race.
With his license now suspended until the criminal proceedings conclude, Whiting will be unable to practice law in Arizona during the pendency of the charges. The interim suspension is not a finding of wrongdoing but was agreed upon with the State Bar of Arizona. He will also have to comply with client notification requirements under the suspension.
The order staying the bar complaints ensures those disciplinary matters will pause until the resolution of the related criminal allegations. Both Whiting and the prosecutors now await proceedings in the Apache County criminal case, which will determine the outcome of the attorney discipline process.
The Disposition states:
“IT IS ORDERED that MICHAEL WHITING, Bar No. 022092, is placed on interim suspension, effective November 1, 2024. This order shall continue in force and effect until the final disposition of pending discipline proceedings against Mr. Whiting unless vacated or modified.”
According to avvo.com, Mr. Whiting is a criminal defense attorney in Saint Johns, Arizona. He attended the Arizona State University Sandra Day O’Connor College of Law. He acquired his law license in Arizona in 2002.
A copy of the original filing can be found here.
