In Case No. 2003-0827, Petition of Governor and Executive Council, the Chief Justice on December 30, 2003, issued the following order:

All of the justices of the Supreme Court have disqualified themselves in this case. By order dated December 29, 2003, retired Supreme Court Justice William R. Johnson was assigned to sit on the case as a temporary justice in accordance with the terms of RSA 490:3. The Chief Justice of the Superior Court also was requested to provide the names of superior court justices, in regular service or retired, to sit on this case as temporary justices in accordance with the terms of RSA 490:3. The Chief Justice was informed that the first four justices so designated would be assigned to the case unless this was impossible due to disqualifications.

The Superior Court Chief Justice complied with the request and designated eight justices, all of whom are retired or will soon be retired. The first four justices designated are: retired Superior Court Justice Philip S. Hollman, Superior Court Chief Justice Walter L. Murphy, who will retire on December 31, 2003, retired Superior Court Justice Robert H. Temple, and retired Superior Court Justice Douglas R. Gray.

Accordingly, pursuant to RSA 490:3, retired Superior Court Justices Philip S. Hollman, Robert H. Temple, and Douglas R. Gray, and Superior Court Chief Justice Walter L. Murphy are assigned to sit on this case.


Eileen Fox,