In Case No. 2002-0243, Petition of Senator Clifton Below & a., the court on June 7, 2002, issued the following order:

For well over a year, the general court has been unable to enact a redistricting plan for the Senate that satisfies the constitutional guarantee of an "equal right to vote" provided by Part I, Article 11 of the New Hampshire Constitution and equal protection under the Fourteenth Amendment to the United States Constitution. Accordingly, the court finds itself faced with the responsibility of developing a redistricting plan that satisfies these constitutional mandates. It is imperative that this complex task, which requires technical knowledge and skill, be completed in an extremely expedited manner because of the time requirements for the scheduling of a primary election. As a result, the court has incurred and will continue to incur unanticipated expenses that were not provided for in its budget, including the expense of technical advisors to assist the court.

These are expenses incurred to benefit the citizens of the State and it was the court’s intention by its order of May 23, 2002, to inform the parties of its expectation that the State would be responsible for their payment. On May 31, 2002, the State Treasurer filed a motion to clarify and the Governor, Senate and House of Representatives filed a joint request to modify the court’s May 23, 2002 order. The court requests the parties to file memoranda and address at oral argument the issue of how these unanticipated expenses should be paid.

Brock, C.J., Nadeau, Dalianis and Duggan, JJ., concurred.

Eileen Fox,