‘Most unusual’: Seasoned Fulton judges ousted by prosecutors

Schwall, on Fulton’s top bench since 2005, suffered a heavier loss to Moore, who secured 60% of the vote.

Local lawyers, including former prosecutors, say the situation is surprising.

Seasoned criminal defense attorney Don Samuel said it is unusual but not unheard of for a sitting judge to be ousted at the polls, though “two in one election is most unusual.”

“Judge Whitaker and Judge Schwall are supremely qualified judges,” he said. “I do not know either of the new judges but hope they will pursue justice fairly and impartially, as their predecessors did.”

Attorney Chuck Boring, a former prosecutor in Fulton and Cobb counties and the past director of the Georgia Judicial Qualifications Commission, said many prosecutors end up on the bench, but you don’t often see multiple prosecutors challenging incumbent judges at the same time.

“Not saying there’s anything wrong with it, but it is unusual, absolutely,” he said. “Especially when you’ve got these two particular judges. Among the Fulton bench, they are elite.”

Whitaker said she’s disappointed by the loss but appreciative and grateful to have had the opportunity to serve. She’s handled several notable cases, including the sprawling gang and racketeering case against rapper Young Thug and others that involved Georgia’s longest trial.

“We came within a razor-thin margin of victory, which we believe is a direct result of the wide support we received from both sides of the aisle and — most importantly — a reflection of the hard work I have done to remain strictly fair, balanced and impartial on the bench,” she said.

Schwall did not respond Thursday to an inquiry about the election. High-profile cases he’s handled recently include the killing of a 60-year-old man near the Atlanta Beltline in Inman Park.

Credit: Johnny Crawford jcrawford@ajc.co

Credit: Johnny Crawford jcrawford@ajc.co

Moore, who leads the crimes-against-children unit in Willis’ office, said she was surprised to learn in March that two of her colleagues were also challenging incumbent judges.

In addition to Sellers and Moore, Fulton County prosecutor Will Wooten ran unsuccessfully against Georgia Court of Appeals Judge Trenton Brown. Wooten, who helped Willis prosecute President Donald Trump and his allies in relation to the 2020 presidential election, lost 63% of the vote to Brown, who had authored an opinion that ended Willis’ involvement in the Trump case in 2024 and set it on a path to dismissal before trial.

Willis previously denied allegations that she encouraged her staff to challenge judges who had irked her, calling the accusations baseless.

Moore, who spent a decade as a public defender in Fulton County before joining the DA’s office eight years ago, said she declared her intent to challenge Schwall in October. She could have challenged any of the seven Superior Court judges subject to election this year.

Moore said she knew Schwall’s decades-long judicial experience and relationships with other elected officials would make him difficult to unseat, but she was motivated by the “not positive” experiences she’s had in his courtroom over the years.

Schwall served as a magistrate and state court judge before becoming a superior court judge 21 years ago.

“People told me I was crazy,” Moore said. “I was just frustrated with the status quo and not seeing things done the way I knew Fulton County needed them to be done. I did not see cases being handled professionally, ethically and fairly.”

Schwall and Whitaker were the only judges on their court challenged in this year’s election. Judges Alice Benton, Chuck Eaton, Kelly Lee Ellerbe, Kevin Farmer and Robert McBurney were each unopposed and elected to another four-year term.

McBurney, a Fulton County judge since 2012, said Willis’ active campaigning to unseat two of his colleagues “was indeed novel” but in no way prohibited.

“This election was very unusual on the judicial front, from the top of the ticket to the bottom,” he said, referencing the Fulton County races and the “markedly partisan” $8 million failed attempt to get attorneys Jen Jordan and Miracle Rankin to unseat two Georgia Supreme Court justices.

“It was definitely a good election cycle to be running unopposed,” McBurney added.

Whitaker, who spent over six years as a Fulton County prosecutor before becoming a judge, was shortlisted in October to fill a vacancy on the Georgia Court of Appeals. Gov. Brian Kemp has not yet filled the role.

Whitaker said she “will always be deeply honored by the opportunity to serve” and looks forward to “continuing that lifelong commitment to service in whatever capacity is next.”

She said she recently decided to pursue a judgeship, in large part because it’s a way she can continue to help victims and “the voiceless” in the community.

“I knew that there needed to be change, and I wanted to be a part of that change,” she said.