Lawyers for State Sen. Don Balfour Friday claimed prosecutors are violating the state constitution by criminally charging the Snellville Republican for filing inaccurate legislative expense reports.
In a hearing before Fulton County Superior Court Judge Henry Newkirk, Balfour attorney William Hill Jr. said mileage and per diem reports handed in over four years are related to Balfour’s role as a state senator and that the state constitution forbids the judicial branch from meddling in such legislative matters.
Only the Senate can punish its members for official acts of wrongdoing, Hill said. Last year the Senate Ethics Committee fined Balfour $5,000 and ordered him to repay about $350.
“There is an entire scheme (in the General Assembly) that the Senate uses to punish its own,” he said.
Assistant Attorney General Gregory Lohmeier called the approach an “ironic to outrageous” argument that misreads the state constitution.
“It doesn’t say the state attorney general or the district attorney is prohibited from coming in an punishing someone for committing a crime,” he said.
If that were the case, it would have “far-reaching implications,” he said. “What he is saying is that General Assembly members are above the law.”
Newkirk said he would decide the defense motion “shortly,” but trial is slated for Dec. 16. Any significant delay could mean Balfour would be allowed to resume his duties when the Legislature convenes Jan. 13.
Gov. Nathan Deal suspended Balfour from office last month on grounds that he had been indicted on felony charges, but the state Constitution terminates the suspension if he is not tried by the next legislative session.
Balfour requested a speedy trial and Hill said the long-serving senator is eager to clear his name. But he also urged Newkirk to grant his motion and let the Attorney General’s office “appeal it rather than put my client through a trial.”
Balfour is charged with 18 counts of filing false expense claims and theft. He was indicted in September. He has said he filed the reports by mistake and did not intend to take money he was not owed.
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