On August 21, 2025 Judge Michael Whyte, of the 7th Judicial District in the state of Idaho, violated Rule 1.2 (Promoting Confidence in the Judiciary) of the Idaho Judicial Code when he negligently suspended the minimum five-year sentence for the defendant, Johnny Allen Whitaker, and  instead placed the defendant on four years of probation. (Case number CR10-24-06556) Mr. Whitaker submitted an Alford plea after he was alleged to have assaulted a young girl in his home. Egregiously, Judge Whyte also failed to require that Mr. Whitaker register as a sex offender in the state of Idaho - Judge Whyte's reasoning, because Mr. Whitaker maintains his innocence. However, the City of Idaho Falls clearly states that, "in an Alford plea, the court still imposes punishment as if the person pleaded guilty." (https://www.idahofallsidaho.gov/FAQ.aspx?QID=141

This follows a pattern of Judge Whyte, as he similarly sentenced John Terry Wiece to five years of probation in 2021 under case number CR10-21-01475. Mr. Wiece pleaded guilty to felony injury to a child for sexually abusing a 6-year-old. Mr. Wiece was not required to register as a sex offender.

In a 2022 case, CR10-22-05784, Judge Michael Whyte sentenced Devin James Willcoxon to ten years of probation after he pleaded guilty to statutory rape of a teen at work, where he was a supervisor. Mr. Willcoxon, who used his position of power at work to commit his crime, was then granted work release for his 45-day jail sentence by Judge Whyte. Mr. Willcoxon was required to register as a sex offender.

These cases, as well as others (see below), have baffled and angered the citizens of District 7 in the state of Idaho, who are desperate to protect the children in our community from pedophiles. Judge Whyte's behavior gives the appearance of giving preferential treatment to criminals and does not show an effort to protect the citizens of Idaho.

Rule 1.2 of the Idaho Code of Judicial Conduct states, "A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens and must accept the restrictions imposed by the code. Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary."

In order to protect the children of Idaho, we expect at minimum, that anyone found guilty of a crime against children or those who view, create, or distribute child sexual abuse material should incur mandatory jail time and without exception be required to register as sex offenders. Probation and rider programs are not acceptable sentences in these cases, when applied without jail time or sex offender registration.

Judge Michael Whyte's pattern of providing unacceptable consequences to those who harm the children of District 7, will no longer go unchecked and we collectively call for his removal. 

See also case numbers:

CR10-23-03237
CR10-21-09722
CR10-21-06045
CR10-23-03237
CR10-23-03819
CR10-24-08091

Counties represented by the 7th Judicial District are Bingham, Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, and Teton.