Judge McCarthy is a native of Harrison County and received his bachelor’s degree in political science in 1991 from the University of Dayton. In 1994, he obtained his J.D. from the West Virginia University College of Law.

After graduation, Judge McCarthy practiced law in Columbus, Ohio, and Martinsburg, West Virginia. In 1999, he co-founded the law firm Booth & McCarthy, which maintained offices in Bridgeport, West Virginia, and Winchester, Virginia. Judge McCarthy’s practice concentrated on contract enforcement, bankruptcy disputes, commercial/consumer creditors rights, and other civil matters. Prior to taking the bench, he also served as Municipal Court Judge for the City of Bridgeport.

Judge McCarthy was elected to the Fifteenth Judicial Circuit (Harrison County) bench in May 2016, in the first nonpartisan judicial election. Currently, he oversees the Harrison County Adult Drug Court as well as the Courthouse Improvement Board. In 2019, he helped established the Harrison County Veterans Treatment Court and is its presiding judge.

Between 2000 and 2014, Judge McCarthy served on the Bridgeport Police Civil Service Commission, acting as the Commission’s president for six years. In 2011, he became a trustee of the Barbara B. Highland Charitable Lead Trust. In 2014, he was appointed to the West Virginia Central Transit Authority (CENTRA) Board of Directors and served as secretary/treasurer. Between 2011 and 2014, he was a volunteer judge for The American Legion Mountaineer Boys State Moot Court Competition. Judge McCarthy was also nominated as the Treasurer of the Harrison County Bar Association for four years.

Judge McCarthy and his wife, Meredith, have four children.