A special prosecutor has filed a notice the state will appeal a judge`s decision to dismiss a misdemeanor charge against Jefferson County Sheriff Boe Fontaine and his reserve deputy. The attorney general`s office must file the actual appeal within 60 days. Special Prosecutor WA McCormick of filed the notice this week. The appeal would be filed as a way to clarify the law for all 75 counties. In January, Special Judge Russell Rogers of Stuttgart ruled that the state law under which Fontaine and Deputy Dane Reed were charged is unconstitutional. The 90-year-old law requires sheriffs or deputies to arrest operators of suspected gambling operations as soon as the authorities know of their existence.