In Case No. 2002-0814, Appeal of Peter McDonough, the court on January 7, 2003, issued the following order:

This is an appeal and petition for original jurisdiction filed on December 31, 2002, from an order of the Ballot Law Commission regarding the race for Hillsborough County Attorney between incumbent Peter McDonough and challenger John Coughlin. On January 3, 2003, the court accepted the petition for expedited review and oral argument. The court also permitted the parties to 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.

Having reviewed the submitted memoranda, the court hereby enjoins the swearing-in of John Coughlin to the office of Hillsborough County Attorney pending further order of the court. See RSA 653:10 (1996). Unless otherwise ordered by the court, this injunction shall expire in ninety (90) days.

Nothing in this order is intended to extend the statutory term of office of the incumbent county attorney. See RSA 653:1, V (1996).

Nadeau, J., concurred; McGuire, Fauver and Arnold, JJ., superior court justices specially assigned under RSA 490:3, concurred; Duggan, J., dissented.

Eileen Fox,