ATLANTA – With Georgia’s legislative session set to kick off on Monday, Jan. 12, District 113 State Representative Sharon Henderson (D-Covington) has been placed under review by Governor Brian Kemp. The outcome of this review could result in Henderson's suspension from the legislature.
On Thursday evening, Governor Brian Kemp announced the appointment of a three-person review commission via an executive order, three weeks after his office received a copy of the indictment. The trio will examine if Henderson’s recent criminal indictment “relates to and adversely affects the administration of duties” in office.
Henderson was indicted in December on two counts of theft of government funds and 10 counts of making false statements. She pleaded not guilty and was released on a $10,000 bond.
The commission consists of Georgia Attorney General Chris Carr (Republican), District 22 State Senator and House Minority Leader Harold Jones II (Democrat) and District 47 State Representative and Speaker Pro-Tempore of the Georgia House of Representatives Jan Jones (Republican). They will have 14 days to meet and issue a recommendation to Kemp on whether Henderson’s pending criminal charges warrants suspending her from serving as a legislator.
Kemp will then issue a final decision, which traditionally follows within the confines of his commission’s recommendation, but does not necessarily have to. The length of suspensions is up to Kemp’s discretion.
Gerald A. Griggs, an Atlanta-based attorney representing Henderson, issued a statement on social media following the announcement
"We fully expect that all proceedings – both criminal and any related political or legislative actions – will afford my client the full measure of due process guaranteed by the United States Constitution, including the Ffith and Sixth Amendments, and by the Constitution of Georgia," wrote in part.
Federal prosecutors claim that Henderson, who is in her third term in the House, collected $17,811 in false unemployment benefits during the COVID-19 pandemic. The current District 113 state representative reportedly made claims that she was out of work as a substitute teacher for Henry County Schools due to the pandemic.
But the U.S. Department of Justice says that Henderson had not worked for Henry County Schools since 2018, despite her submitting certifications to receive unemployment benefits and accepting said benefits as recently as 2021.
Two weeks after the indictment, Henderson spoke out publicly about the charges for the first time on her Facebook page via a fundraiser link titled "Justice For State Rep Sharon Henderson.” In the fundraiser, Henderson maintained her innocence.
“I was extremely confused and shocked when I was told by FBI agents that I was being arrested,” Henderson wrote. “All I could think was ‘what could I possibly have done?’ I was baffled. I have never been accused of any wrong doing in my entire life. I’ve never had any legal issues, never been accused of any crime, and I have never been arrested. I am 67 years old. I would never do this or do anything illegal!”
The case remains pending in federal court.
Henderson’s seat is up for reelection later this year. At this time, it remains unclear if she will seek out a fourth term under the Gold Dome.