Fate of Georgia Trump case in hands of relatively new Fulton County judge

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Fulton County Superior Judge Scott McAfee reacts during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. Judge McAfee is hearing testimony as to whether Fulto

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FULTON COUNTY, Ga. - This week, the spotlight is on Fulton County Superior Court Judge Scott McAfee as he prepares to deliver a pivotal decision in the Georgia election interference case, one of the most-watched criminal proceedings in recent history.

Youngest member of Fulton County Superior Court

Judge McAfee, at 34, the youngest member of the Fulton County bench, is tasked with determining whether Fulton County District Attorney Fani Willis and her team should be disqualified from the case. The motion for disqualification was filed by Michael Roman, a co-defendant of former President Donald Trump, and accuses Willis of an improper relationship with Special Prosecutor Nathan Wade and from benefiting financially from prosecuting the case.

This decision carries high stakes for the relatively new judge, who took the bench just a year ago after being appointed by Gov. Brian Kemp. McAfee's appointment followed the retirement of Judge Christopher Brasher, and he was randomly assigned to oversee the significant racketeering case involving Trump and other defendants.

Once worked for Fulton County DA Fani Willis

Before his judicial career, McAfee served for eight years as an assistant U.S. attorney for the Northern District of Georgia and as an assistant district attorney in Fulton County and Barrow County. His experience at Fulton County included working under Willis in the complex trial division, where he eventually became a senior assistant district attorney in the major case division, prosecuting felony cases such as armed robbery and murder.

RELATED: Judge Scott McAfee assigned to Trump's election interference case in Fulton County 

Known for conservative background

The soft-spoken McAfee, not formally aligned with any political party, is known for his conservative background. During law school at the University of Georgia, he was involved with conservative groups like the Federalist Society and Law Republicans. Despite concerns about his previous association with Willis, a Democrat, McAfee has maintained a reputation for intelligence, thoroughness, efficiency, and fairness in handling the complex case.

The decision McAfee makes will undoubtedly face scrutiny and potential harassment, regardless of the outcome. If Willis is disqualified, the trial may be delayed or even terminated. On the other hand, if Willis is allowed to continue, an appeal from the defense is very likely, subject to McAfee's approval.

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Willis and her team initially attempted to dissuade McAfee from holding a hearing on the disqualification motion. However, the judge deemed the allegations serious enough to proceed, leading to a two-day hearing revealing intimate details of the relationship between Willis and Wade, along with other financial and personal information about the pair that they probably preferred to keep private. 

Post-hearing, the defense requested McAfee to consider cellphone records suggesting Wade spent nights with Willis before his hire date, and testimony from potential witnesses, including a Cobb County prosecutor. The defense argues that the "mere appearance" of impropriety should warrant disqualification, while prosecutors insist on proving an actual conflict of interest to a high standard of proof.

Taking his time with decision

Following the disqualification hearing, McAfee, who reportedly knows criminal law really well, acknowledged the complexity of the legal issues and factual determinations he needs to sort through, emphasizing that he will give the case the careful consideration it deserves. McAfee is expected to deliver his decision this week. 

Facing challengers in May election

In the event McAfee retains Willis and the trial proceeds, he may face a challenge in the upcoming election. Defense and civil rights attorney and radio talk show host Robert Patillo has expressed his intention to run against McAfee, focusing on leveraging technology for court efficiency, reducing case wait times, and ensuring fair and timely trials.

Patillo reportedly claims his run is not motivated by criticism of McAfee's handling of the Georgia election interference case. However, he recently accused "MAGAs" on Facebook of attempting to intimidate him out of the race. Another contender, Tiffani Johnson, a staff attorney for a different Fulton County judge, has also announced her candidacy for Superior Court judge, according to the Associated Press.

McAfee's visibility has extended beyond Georgia due to the televised nature of his courtroom, a rarity for cases involving Trump. If the trial proceeds and McAfee remains the presiding judge, he may become a nationally-known figure. So far, the judge known for his intelligence and fairness has been praised for his handling of the complex case. The pressure is sure to increase with a national audience. 

Also an entertainer

In a surprising twist, McAfee, known for his legal prowess, is also known as an entertainer, according to The New Yorker. 

The judge received a cello scholarship to play in the Emory University symphony orchestra and has a bachelor's degree in  music. 

Before that, in 2007, the self-described "orch dork" won the What-A-Man pageant at North Cobb High School by playing the Jimi Hendrix version of "The Star-Spangled Banner" on an electrified cello while wearing a Stars-and-Stripes-patterned bandanna around his blond hair. 

He refused to take off his shirt for his screaming fans, but he did drop to his knees and put the cello's strings in his mouth. 

He also performed "Smooth Criminal" on his cello for a talent show at the University of Georgia and made money by playing weddings. 

However, McAfee told The New Yorker that he has no plans to become the next Judge Ito, referring to the judge who presided over the O.J. Simpson trial in 1995, or another Judge Judy. 

McAfee went on to say that his intention during the Georgia election interference case was to stay "even-keeled and manage expectations."

McAfee, who is a native of Kennesaw, is also a married father of two, a volunteer scuba diver at the Georgia Aquarium, captain of an amateur Atlanta Lawn Tennis Association team, and an Eagle Scout.