Question of whether court erred when it granted Defendant’s Motion to Dismiss Ethic Charges.

Defendant was a basketball coach at Bishop State and the project administrator for the National Youth Sports Program administered by the National Youth Sports Corporation, a nonprofit that received grants for operating summer sports camps for disadvantaged youth. In 04/09, Defendant was indicted for theft, 1st degree and ethics violation. It was alleged that Turner used his official position for financial gain by enabling financial aid to be awarded to his wife. He was also accused of paying a salary to his wife as an employee of the National Youth Sports Program. Defendant filed a motion to dismiss the ethic charges and argued that Ala. Code 1975, § 36-35-5(a) was unconstitutionally vague. After a hearing the ethics charges were dismissed. The State appealed.

To withstand a vagueness challenge, a statute must: “(a) give a person of ordinary intelligence a reasonable opportunity to know what is prohibited and (b) provide explicit standards to those who apply the laws.” The Court found that the statue prohibited Defendant “from using or causing to be used his official position or office to obtain personal gain for his wife” and that it was not unconstitutionally vague.

Judgment reversed.