Balfour hearing this morning
9:21 am, December 6th, 2013
Suspended state Sen. Don Balfour, R-Snellville, is scheduled to appear before Fulton County Superior Court Judge Henry Newkirk this morning on a motion to quash his indictment.
In the demurrer filed Nov. 25 by his attorney, Ken Hodges of Rafuse, Hill & Hodges, Balfour argues that prosecution by the state attorney general violates the state Constitution, specifically articles outlining the separation of powers and the Senate’s exclusive authority to fine and imprison its own members for misconduct arising from Senate matters.
Balfour was indicted months ago for falsely claiming reimbursement of travel and per diem expenses for days he wasn’t in Georgia.
Balfour admitted errors in his reimbursement claims but has denied any wrongdoing.
The Senate Ethics Committee previously investigated Balfour, which resulted in a fine but cleared him of malfeasance.
Balfour is scheduled to go to trial on Dec. 16. The General Assembly’s upcoming session will commence on Jan. 13.