Posted on 04/18/2003 5:16:06 AM PDT by Theodore R.
Fletcher testifies he knew residency could be issue CONGRESSMAN SAYS BATES CHECKED LAWS ON QUALIFICATIONS FOR RUNNING MATE
By Ryan Alessi HERALD-LEADER FRANKFORT BUREAU
FRANKFORT -U.S. Rep. Ernie Fletcher defended his candidacy for governor from a witness stand yesterday.
In Franklin Circuit Court, Fletcher testified that, before announcing his first running mate last fall, he figured his choice, Hunter Bates, might be questioned about whether he met state residency requirements.
He also said he ultimately relied on Bates' own conclusions that he could pass any legal test.
But last month, an Oldham circuit judge ruled Bates had not been a Kentucky resident for the last six years -- a requirement for the lieutenant governor. Bates, born and raised in Whitley County, lived in the Washington, D.C., suburbs from 1995 to 2002, serving most of that time as a staff member to U.S. Sen. Mitch McConnell.
An opponent, Bob Hele-ringer, who is running for lieutenant governor with gubernatorial candidate Steve Nunn, then challenged Fletcher in court. He argues that because Bates was deemed ineligible, the whole ticket should be removed from the May 20 primary.
Fletcher's attorneys say he had no way of knowing a judge would disqualify Bates.
Fletcher said he had asked Bates to look into the residency issue, especially because Bates, a Harvard Law School graduate, specialized in government law.
Bates then consulted past cases and other attorneys and told Fletcher he could pass a challenge to his residency status, Fletcher said.
"I felt and still feel comfortable with the opinion. And I relied on it," he testified.
He added that Bates was the only one who sought input from attorneys.
Before a March 27 governor candidate forum in Lexington, Fletcher told the Herald-Leader, "We had it reviewed by several attorneys, including some of the best in D.C."
On Monday, the state Court of Appeals ordered Franklin Circuit Judge William Graham to decide Fletcher's fate by April 21.
Last week, Fletcher named U.S. Attorney Steve Pence of Louisville as Bates' replacement.
After testifying, Fletcher told reporters he was confident Graham would rule in his favor.
"We are going to move forward," he said. "I think this will only make us stronger."
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