Judge Scott McAfee said it wasn’t necessary to also disqualify the district attorney when “a less drastic and sufficiently remedial option is available”.
A case against Donald Trump is expected to go ahead after the district attorney accepted the resignation of a special prosecutor she had a relationship with.
A judge said the Georgia case couldn’t proceed unless Fani Willis stepped aside or removed the prosecutor.
Trump is accused, along with 18 others, of trying to overturn the outcome of the 2020 presidential election in the state.
Ms Willis, who is leading the case, was in a relationship with Nathan Wade, which she said began in early 2022 – months after she appointed him to the prosecution.
Accepting Mr Wade’s resignation, she praised his “dignity and professionalism in the face of threats” and attacks on his reputation.
The judge at Fulton County Superior Court, Scott McAfee, found the “appearance of impropriety” must result in either Ms Willis and her office leaving the case – or just Mr Wade.
If Ms Willis had removed herself, the case would have come to a halt, but as Mr Wade has quit it’s likely to continue without further delay.