LOUISVILLE, Ky. (WHAS11) -- It's been a question from the beginning of the Explorer case: Can the president of Metro Council represent alleged victims who are suing the city?

Today, the county attorney spelled out his case on why Councilman David Yates should be taken off the case.

The motion includes a conversation that allegedly happened over Facebook messenger between Yates and one of the people he now represents in the case.

In the conversation, according to the filing happened in October of last year, Yates offered his legal representation noting his "unique position" as a reason why Yates should be hired to take the case.

The motion also includes a law professor as an expert opinion that says Yates' position as Council President is a conflict of interest.

Yates said he believes the motion is a distraction from the details and facts presented in the case.

In the past, Yates has told WHAS11 that he received approval from the Bar Association who told him he could legally and ethically represent the victims.