Scott McAfee | |
|---|---|
| Judge on theFulton County Superior Court | |
| Assumed office February 1, 2023 | |
| Appointed by | Brian Kemp |
| Preceded by | Christopher Brasher |
| Inspector General of Georgia | |
| In office April 1, 2021 – February 1, 2023 | |
| Governor | Brian Kemp |
| Preceded by | Deb Wallace |
| Succeeded by | Nigel Lange |
| Personal details | |
| Born | 1988 or 1989 (age 36–37) |
| Children | 2 |
| Education | Emory University (BA) University of Georgia (JD) |
Scott F. McAfee (born August 15, 1989) is an American judge serving on theFulton County Superior Court in Georgia since 2023. Judge McAfee was the Georgiainspector general from 2021 to 2023. Prior to his current appointment, Judge McAfee served as a senior assistantdistrict attorney inFulton County and an assistantUnited States Attorney for theNorthern District of Georgia.
In August 2023, McAfee garnered national attention when he was assigned to preside over the Fulton County district attorney'scriminal racketeering case againstDonald Trump.
McAfee was born in 1988 or 1989.[1] He was raised inKennesaw, Georgia.[2] He is anEagle Scout and graduate ofNorth Cobb High School.[3][4] McAfee received a cello scholarship to play in theEmory University symphony orchestra.[5][4] In 2010, he completed a bachelor's degree in political science and music.[6]
In 2012, McAfee was a judicialintern forGeorgia Supreme Court justiceKeith R. Blackwell.[7] He also interned for justiceDavid Nahmias.[5][4] In 2013, he graduated from theUniversity of Georgia School of Law,cum laude. While in law school, he was the vice president of the school'sFederalist Society chapter, treasurer of Law Republicans and inducted intoThe Order of Barristers.[1][5][4][6]
McAfee was an assistant district attorney in theBarrow County, Piedmont Judicial Circuit.[8] He joined the office of the district attorney inFulton County in April 2015, initially working on the early stages of criminal cases.[9] He later was promoted to working as a prosecutor in the complex trial division, which was then headed by prosecutorFani Willis, who was later elected as Fulton County district attorney.[1][10] McAfee was eventually promoted to senior assistant district attorney in the major case division, where he prosecuted felony cases including armed robbery and murder.[5][1]
In 2019, McAfee was appointed as an assistantUnited States Attorney for theUnited States District Court for the Northern District of Georgia.[1] He worked in the criminal division where he investigated and prosecuted drug trafficking organizations, fraud, and illegal firearms possession.[5][1][4] On April 1, 2021, Georgia governorBrian Kemp appointed McAfee as the stateinspector general, tasked with overseeingfraud andcorruption within Georgia'sexecutive branch.[5][1][11]
In December 2022, Kemp appointed McAfee to theFulton County Superior Court following Christopher S. Brasher's retirement.[12] He was sworn in on February 1, 2023.[1]
In May, 2024, McAfee won the election to a full four-year term as astate judge.[7]
In August, 2023, McAffee was assigned to preside over theracketeering case,The State of Georgia v. Donald J. Trump, et al, Case # 23SC188947, in which formerPresident Donald Trump and 18 co-defendants are charged with conspiring to overturn the 2020 Georgia presidential election results.[7][13] Fani Willis was the state prosecutor of that case.[1]
Appellate Case # A24I016
On December 16, 2024, TheGeorgia Court of Appeals canceled theoral arguments without explanation; The ruling was based solely on legal filings:
"After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office”, (referring to an earlier ruling that allowed Willis to remain on the case)…McAfee’s decision did not prevent the “appearance of impropriety…The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring…While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings."[14][15][16]
On September 16, 2025, theGeorgia Supreme Court deniedcertiorari, and the Fulton County DA's office's disqualification from the case was finalized. The Prosecuting Attorneys' Council of Georgia is now responsible for the case until a new prosecutor is found.[17][18]
Willis had been under scrutiny over her relationship with a special prosecutor on the case, Nathan Wade.
Recovery of legal fees
A 2025 Georgia law permits defendants in dismissed cases, in which the prosecutor has been disqualified for misconduct, to seek relief as to reimbursement of attorney fees with taxpayer funds.[19]
As of early 2025, President Trump had paid about $2.7 million to his lead attorneys; the Georgia Republican Party had paid about $2 million for other defendants, according to theAtlanta Journal-Constitution.[20]
As of 2021[update], McAfee is a volunteer scuba diver at theGeorgia Aquarium and captains anAtlanta Lawn Tennis Association tennis team.[5] He is married and has two children.
This article incorporates text from this source, which is in thepublic domain.Legal affairs ofDonald Trump | |||||||||||||||||||||||||||||||||||||||||||||||||
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