In Case No. 2002-0814, Appeal of Peter McDonough, the court on January 3, 2003, issued the following order:

On or before 4:30 p.m., on Monday, January 6, 2003, the parties may file memoranda addressing whether, if the court does not issue a writ of prohibition to prevent the swearing in of John Coughlin on January 8, 2003, the controversy would be moot.

The appeal and petition for original jurisdiction filed with the clerk of the Supreme Court on December 31, 2002, from an order of the Ballot Law Commission is accepted for expedited review and oral argument.

Certified copy of the record having been filed in the clerk's office, appellant’s brief must be filed on or before noon on Monday, January 13, 2003; opposing briefs must be filed on or before 4:30 p.m. on Wednesday, January 22, 2003. Oral argument is scheduled for Wednesday, January 29, 2003, at 10:00 a.m.

NOTE: If you include an appendix to your brief, see Rule 17, please include only those portions of the record which you believe the court must consult while reviewing the brief. Also, do not include any portion of the record which has already been included in the notice of appeal or cross-appeal or any appendix thereto. In your brief, you may refer to the notice of appeal, cross-appeal, or appendix.

This order is entered by Nadeau and Duggan, JJ. See Rule 21(7).

Eileen Fox,