Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved

NEWS RELEASE
May 19, 1998

Enclosed is a May 15, 1998 letter from John G. Ghostbear who is counsel to the Cherokee Nation along with Rex Earl Starr in the presently pending case of Pezold vs. Cherokee Nation Industries, pending in the Tulsa County Court before Judge Frizzell. There is a hearing scheduled on this matter at 1:30 p.m. this Friday before Judge Frizzell on the 5th floor of the Tulsa County Courthouse. The letter from Ghostbear objects to the release of the “Orders from the Chief” memo.

LETTER FROM JOHN G. GHOSTBEAR (COUNSEL FOR CHEROKEE NATION) ALONG WITH REX EARL STARR, IN THE PENDING CASE OF PEZOLD VS. CHEROKEE NATION INDUSTRIES TO PELZOLD’S ATTORNEY.

May 15, 1998

Norman Wohlgemuth Chandler & Dowdell
Attorneys at Law
2900 Mid-Continent Tower
Tulsa, Oklahoma 74103-4023

ATTEN: THOMAS M. LADNER

Re: Pezold, et. Al. v. Cherokee Nation Industries, et al. Tulsa District Court, State of Oklahoma, Case No. CJ-97-00427

Dear Tom.

I am in receipt of your facsimile letter to me dated May 14, 1998 together with the attachment.

The attachment to your letter yesterday, May 14, 1998, constitutes two (2) pages. We have no way of know what date this document was generated. We do not have any indication on the document who prepared it. Finally, it has no probative value whatsoever to any issue currently pending before the Court, much less any value for the hearing scheduled to reconvene before before Judge Frizzell on Friday, May 22, 1998.

           Rule 4.2 of the Rules of Professional Conduct adopted March 10, 1998 provides:
           “In representing a client, a lawyer shall not communicate, or cause another to communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.”

You represent in your letter of May 14, 1998 that Terry Barker had a communication with Chief Byrd on April 13, 1997. You further state.. “Terry will testify to meetings initiated by Chief Byrd “Your clients, the law firm, which includes Barker, filed a Petition pro se on January 24, 1997 Barker as counsel for himself, is bound by the Rules of Professional Conduct. He is required ethically to stop any discussion or “meeting” with any party to suit where that entity or person is represented by counsel. I have spoken with Rex Earl Starr and neither Rex Earl nor myself received any request from Terry Barker to discuss any matter of the pending litigation with our client or the Principal Chief of Cherokee Nation, Joe Byrd.

If Mr. Barker maintained or participated in meetings whereby the pending litigation was discussed in any respect we are going to request the Court to allow us to proceed with discovery of Mr. Barker to see what it is that he felt important enough to cover with Chief Byrd whereby he was in violation of the Rules of Professional Conduct. It is my feeling that this conduct by the Plaintiff through one of its members is sanctionable.

We therefore submit that your proposal exhibit is without any probative value and is immaterial to the issues in this case. If Mr. Barker has been communicating with the Principal Chief of Cherokee Nation without securing my consent or permission nor that of the General Counsel of Cherokee Nation such action is in fact sanctionable.

We therefore object to the further circulation or admission of this document which is obviously undated and there is not authorship whatsoever.

Sincerely,

/S/ JOHN G. GHOSTBEAR

JGG/am
cc: Mr. Rex Earl Starr