The Associated Press

FRANKFORT - Gov. Paul Patton's ethics hearing stemming from his affair with a former nursing home owner should continue as planned, a lawyer for the Executive Branch Ethics Commission argued Monday.

The commission's attorney, Boyce A. Crocker, responded to Patton's request last week to have the ethics charges against him dismissed. In the 10-page response, Crocker disputed Patton's claims that the portion of the law he is accused of violating is vaguely worded and unconstitutional.

"As the sanctions here are only civil, and as the statute in question otherwise appropriately placed Patton on notice regarding his conduct, the administrative proceeding should be allowed to proceed," Crocker wrote.

The motion was filed Monday afternoon with hearing officer David Knox.

Patton attended ethics training at least once, on Feb. 16, 1996, and received "fair notice" that "he shouldn't use his enormous influence" to help someone with whom he was personally involved, it says.

In March, the Executive Branch Ethics Commission charged Patton with four instances of improperly using his power and influence to do favors for Tina Conner.

On Friday, Patton's attorney, Sheryl Snyder of Louisville, said the charges are drawn from the ethics law preamble. Patton is not charged with violating a specific prohibition of the law, Snyder claimed.

In a telephone interview, Snyder said he plans to file a response on Wednesday.

He said he maintains "there's a lot of vagueness" in the law and "puts way too much discretion in the hands of the ethics commission," rather than the General Assembly.

"We think our motion is very well taken and we therefore disagree with the commission's argument," Snyder said.

Knox is scheduled to conduct a hearing on Patton's case Nov. 17.