Smith Appoints Special Prosecutor

ORDER OF APPOINTMENT OF SPECIAL COUNSEL

Pursuant to the provisions of N.C.G.S. 5A-15(g) and pursuant to its inherent authority, the Court, in its discretion, hereby appoints Charles M. Davis of the Franklin County Bar as Special Counsel to prosecute the pending action against Michael B. Nifong arising from the Order to Show Cause - Contempt as issued by this Court on June 28, 2007.

This the 28th day of June, 2007.

W. Osmond Smith, III

Judge Presiding