Michael Whiting was fired as Apache County Attorney. He won reelection on Tuesday.

ST JOHNS, Ariz. — As of Nov. 1, Michael Whiting is not a lawyer.

He agreed to a suspension of his law license while he is under indictment for misuse of public monies and threatening and intimidating a political opponent. He was fired as Apache County Attorney on Halloween. He also won reelection as Apache County Attorney on Tuesday.



However, experts say Whiting can't legally take office. “Every one of those votes for Michael Whiting was a valid vote," attorney Tom Ryan said. "Unfortunately he was not qualified for the office he ran for.

" Ryan said state law requires a county attorney to be a lawyer in good standing with the state bar. Because of the suspension, Whiting is not. RELATED: Arizona State Bar suspends law license of indicted Apache County Attorney The process from here, Ryan said, is complicated.

First, the county Board of Supervisors must appoint a county attorney to fill the post that Whiting won in the election. That person has to be a Democrat, as that's what party Whiting is. Then, the county has to call a special election to fill the post permanently, Ryan said.

But there's another twist to the job; the new county attorney may not be a "full" county attorney. When Whiting was indicted, Arizona Attorney General Kris Mayes exercised her authority to take over the office. In a letter sent to the Apache County Board of Supervisors, she told them she effectively became the Apache County Attorney, as well as the Attorney General.

As such, any County Attorney would not operate independently but would be supervised by the Arizona AG's office. Whiting would not answer whether he planned on taking office, but issued a statement: “From the bottom of my heart, I want to thank my brothers and sisters of Apache County and the Navajo Nation for your unwavering support. The outpouring of emails, phone calls, and text messages over the last few months has been incredibly overwhelming and humbling.

So many of you have reached out with words of encouragement and love for me and my family. We will get through the current situation because of your friendship, the ceremonies, and your prayers. I am a 5th generation Apache County kid, born and raised here and whether I'm in public office or not, I will always be dedicated to serving the citizens of Apache County; no matter where you live in the county.

I will continue to be at the rodeos, the sporting events, the ceremonies, the parades, the graduations, the senior centers and the veterans events. Apache County is one of the most naturally diverse and wonderful counties in America. Our people and cultures are beautiful, resourceful, and resilient.

As always, if you need anything just reach out. I look forward to seeing each of you again soon, on the trail of life. Finally, let's continue to always treat each other with dignity and respect, love your friends and family fiercely, and may the Creator of us all continue to bless each of us to walk in beauty! A’hee'hee'!”.