The attorney for indicted state Sen. Don Balfour, R-Snellville, will go before a judge at 9 a.m. Friday in an attempt to quash the state’s case and argue it is a violation of Georgia’s separation of powers for a member of the executive branch to prosecute a legislator.
In other words, attorney Ken Hodges is arguing that only the state Legislature has the power to punish the senator.
Fulton County Superior Court Judge Henry M. Newkirk scheduled the hearing, which falls only about a week before arguments in the main trial are set to take place beginning Dec. 16.
Balfour, charged with 18 counts of filing false expense claims and theft, was indicted in September after allegations that he charged the state for expenses on days he did not have those expenses.
He has repeatedly said he made mistakes on his expense reports but did nothing wrong intentionally.
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