Judge holds off on decision to toss out Balfour case

ATLANTA (AP) A lawyer for indicted state Sen. Don Balfour is arguing the state's prosecution of his client is unconstitutional because it violates the concept of separation of powers and violates the exclusive authority of the Senate to discipline its members.

A lawyer for the state says that interpreting separation of powers and the authority of the Senate that way essentially implies that state legislators are above the law.

Fulton County Superior Court Judge Henry Newkirk heard the arguments Friday and said he'd have a decision later on Balfour's attempt to dismiss the indictment.

A grand jury in September indicted Balfour on felony charges of making a false certificate, theft by taking and a count of false statement and writing.

Trial is set to begin Dec. 16.