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The Honorable (Ret.) Thomas R. Brett

TAHLEQUAH, OKLAHOMA - The Cherokee Nation has appointed retired senior federal court judge Thomas R. Brett as an arbitrator to resolve a long-standing dispute over the state’s breach of the tribe’s tobacco compact last year.

“Judge Brett is well-respected across the country as a straight shooter,” said Chad Smith, Principal Chief of the Cherokee Nation. “His integrity is unquestioned, his fairness is legendary and his grasp of complex legal issues is unmatched. We are proud that Judge Brett will be part of the process of resolving this tobacco compact.”

Brett served as a federal district court judge in Oklahoma’s Northern District for 24 years before retiring in 2003. He was Chief Judge from 1994-1996. Brett is a past president of the Oklahoma Bar Association and the Tulsa County Bar Association. He was awarded the Oklahoma Bar Association’s Ethics Award in 2001 and has been inducted into the Oklahoma Heritage Hall of Fame.

“We had hoped that we could reach a mutually beneficial agreement with the state of Oklahoma after they breached the compact, but unfortunately that has not been the case,” said Diane Hammons, General Counsel for the Cherokee Nation. “That’s why it is important to have someone of Judge Brett’s stature as an arbitrator as we move forward.”

The Cherokee Nation signed a tobacco compact in February 2004 in which the state expressly agreed not to waive or forgive the sales tax on cigarettes. However, the state legislature and executive branch supported a ballot initiative, State Question 713, which eliminated the sales tax on cigarettes, breaching the compact. Even before the implementation of the policies outlined in SQ 713, the Cherokee Nation sought to renegotiate a tobacco compact that would be beneficial to both the state and the Cherokee Nation. However, after more than a year, it has become clear that the State of Oklahoma prefers to try to unilaterally change the compact through its own legislative process and by changing tax commission rules. Therefore, the Cherokee Nation now has no choice but to proceed with arbitration as provided for in the compact.

“Though the State has disregarded the terms of the compact almost from the day it was signed, we feel it is important that we keep our word,” Hammons said. “The compact calls for resolution of differences through arbitration so we will move forward with that option.”

Under terms of arbitration outlined in the compact, the Cherokee Nation and the State of Oklahoma each appoint an arbitrator, who then select a third arbitrator to complete the panel. The State must now select an arbitrator as the process continues. The Cherokee Nation understands and supports that the three selected panel arbitrators are expected to be impartial and base their decision fairly on the provisions of the sovereign parties’ compact agreement, and the applicable law.

Related Cherokee Nation contact information:

Mike Miller, Cherokee Nation Director of Communications Phone: 918-456-0671 (ext.2210) Fax: 918-458-5580 E-mail: Communications@cherokee.org Larry Daugherty, Advertising Manager Cherokee Nation - Public Affairs Phone 918-456-0671 (Ex.2324) E-mail: ldaugherty@cherokee.org

Steven Swogger, Agriculture Liaison Natural Resources Department Phone: 918-456-0671 (ext.2546) FAX: 918-458-7673 E-mail: sswogger@cherokee.org Bradley D. Peak, Cherokee Nation Natural Resources Specialist Phone: 918-456-0671 (ex.2843) E-mail: bpeak@cherokee.org