Committee to Elect Michael B. Whiting for Apache County Attorney

 

Legal Practice and Education

After graduating from St. Johns high school, I attended Arizona State University's School of Engineering, where I received a Bachelor of Science degree with honors (cum laude). After that, I graduated from law school at Arizona State University.  One award I received in law school was the highest score in the school-wide Berch Oral Argument Competition.

As a practicing attorney, I am:

Admitted to practice before the Arizona Supreme Court.
Admitted to Practice before the Arizona Federal District Court.
Admitted to practice in all other Arizona Courts.
A member of the Arizona State Bar Association.

Hands On Legal Experience in Tribal Law

Navajo Nation - Window Rock - Navajo Tribal LawThe Navajo Nation plays an important role in Apache County, accounting for a majority of the County's citizens.  Ignoring the legal needs of the Navajo and Apache electorate is wrong.

I have lived in Window Rock and St. Michaels while working for the Navajo Nation's Supreme Court.  There, I clerked for Chief Justice Robert Yazzie and Vice Chief Justice Raymond Austin.  Not only did I receive a significant amount of legal training from the Navajo Nation, but I have also received training in the Navajo peace making process.  While working for the Navajo Nation, I helped draft several Supreme Court decisions based on Navajo Traditional Law. 

Few licensed attorneys can claim that they've received guidance and legal study from the Navajo Nation.  Issues facing our County involve both the Native American and non-Indian worlds.  I believe that as your County Attorney, I am equipped to "walk in both worlds."

Practical Criminal Prosecution Experience

court room experience; legal training; law practice; legal experience and educationI am well versed in criminal law and have personally prosecuted cases ranging from simple misdemeanors to a death penalty case. As a result, I have had first hand experience and training in most every kind of criminal matter imaginable.

Being accused of a crime is a serious matter.  While I will strenuously seek justice in criminal matters in Apache County, I also believe in treating everyone fairly.  Being charged with a crime, especially a felony, may have lasting negative effects on a person’s life. I will never charge someone with a crime unless I believe that there is sufficient evidence for a conviction and justice requires it.  When I believe that the facts support pursuing a criminal prosecution, then I will charge the accused with the crime and use every ethical means under the law to seek a successful conviction.

Civil (Non-Criminal) Legal Practice

My current law practice includes representing various irrigation companies, cities and towns and private water users located throughout Arizona regarding their legal needs related to water use. I, with my colleagues, represent these clients in both the Gila River and Little Colorado River General Stream Adjudications, which are statewide court proceedings to determine water rights. This work has involved active participation in complex water issues such as settlement negations with the White Mountain Apache, Hopi and Navajo tribes. I have also participated in settlement efforts with the United States of America and the State of Arizona. I am currently defending an elderly couple in the Verde Valley who own and use groundwater wells for their small farm, against a major utility company trying to shut down their wells.

Environmental issues, such as water rights to public rivers and streams, will be an emotionally charged issue over the next few decades.  Public and private land uses are emerging as another heated topic on both a local and national level. Here in Apache County, livestock ranching has always been an important industry and lifestyle.  The state Department of Agriculture reports that while crops account for only $198,000 of Apache County's revenue, livestock is worth nearly $12,500,000.

In my civil practice, I currently represent the Arizona Cattle Growers Association and ranchers in Apache County. Specifically, I and my colleagues are defending the Knight family against an action brought against them by the left-wing group known as "Forest Guardians".  Forest Guardians filed a law suit against the Knight family in which they are attempting to take away the Knights' state lease land which is an integral part of the continued operation of their ranch. Take a look at my article about the bidding wars imposed on local ranchers to understand this issue.