[2] On September 28, 1979, Brett was nominated by President Jimmy Carter to a new seat on the United States District Court for the Northern District of Oklahoma created by 92 Stat.

He was confirmed by the United States Senate on October 31, 1979, and received his commission on November 2, 1979.

He served as Chief Judge from 1994 to 1996, assuming senior status on October 3, 1996.

Brett served in that capacity until his retirement on February 1, 2003.

[2] Brett died on February 6, 2021, at age 89, in Tulsa, Oklahoma.