CAUGHT TEXTING 500 TIMES DURING CHILD MURDER TRIAL, OKLAHOMA JUDGE TRACI LAURA SODERSTROM RESIGNS

"Good career move," in the words of Gore Vidal, upon the demise of Truman Capote.

From Above the Law blog:

Judge Who Texted Wild Commentary During Murder Trial Resigns From Bench 

She didn't really have the right temperament for the judiciary. 

BY KATHRYN RUBINO, Above the Law blog, February 13, 2024

Oklahoma Judge Traci Soderstrom is a judge no more. And with good reason. Last year, Soderstrom made news over reports she was busy texting and scrolling social media during a murder trial. Of a toddler. If ever there were a time to rise to the solemnness of a moment, you’d think this would be it.

Soderstrom reportedly texted with court staff about the trial — giving color commentary like she’s Howard Cosell. She described the prosecutor as “sweating through his coat” and asking “why does he have baby hands?” She also called the defense attorney “awesome” and asked “can I clap for her?” in the text messages. She went on to call a police officer taking the stand “pretty,” adding, “I could look at him all day.” And when the mother of the victim took the stand, Soderstrom texted, “Can I please scream ‘liar, liar?’”

The chief justice of the Oklahoma Supreme Courrecommended the removal of Soderstrom, but it won’t have to come to that. Late last week, Soderstrom resigned her position and has agreed not to seek a judicial position in the state again.

In her resignation statement, Soderstrom writes:

When I took the judicial oath on January 9th, 2023, I promised to uphold the Constitution in a fair, even-handed and efficient manner. I promised to ensure the law and procedures were applied equally to Plaintiff and Defendant alike. In spite of resistance at nearly every turn, I believe that I have done so. However, being human, I have also faltered.

The statment contains no admission of wrongdoing, and instead points the finger at “shocking” behavior of others “behind the closed veil of the judiciary.” The behavior she alleges includes “Manipulating the jury selection process, holding citizens without lawful authority, secret tape recordings of judicial officers, and even false threats of criminal prosecution are a small example.” I guess if you can’t defend your behavior, best to distract.

From AP via Denver Post:

An Oklahoma judge who sent more than 500 texts during a murder trial resigns

FILE – In this image from security camera video, Lincoln County District Judge Traci Soderstrom looks at her cellphone during a murder trial, June 12, 2023, at the Lincoln County District Court in Chandler, Okla. In a settlement agreement filed Thursday, Feb. 8, 2024 with the Oklahoma Court on the Judiciary, District Judge Traci Soderstrom agreed to resign on Friday and never again seek a judicial office in Oklahoma. Oklahoma Supreme Court Chief Justice John Kane IV had recommended Soderstrom be removed from the bench following an investigation that found she mocked prosecutors, laughed at the bailiff’s comment about a prosecutor’s genitals, praised the defense attorney and called the prosecutor’s key witness a liar.(Lincoln County District Court/The Oklahoman via AP, File)

By THE ASSOCIATED PRESS

PUBLISHED: February 9, 2024 at 7:35 a.m. | UPDATED: February 9, 2024 at 10:47 a.m.

By KEN MILLER (Associated Press)

OKLAHOMA CITY (AP) — An Oklahoma judge agreed to step down Friday after she was caught sending hundreds of texts from the bench while overseeing a murder trial in the killing of a 2-year-old boy, including messages that mocked prosecutors and were sprinkled with emojis. 

District Judge Traci Soderstrom also agreed to not seek judicial office again in Oklahoma under a proposed settlement agreement filed with the Oklahoma Court on the Judiciary. She had faced removal from the bench over accusations that included gross neglect of duty, oppression in office, lack of proper temperament and failure to supervise her office.

Soderstrom had been scheduled to go on trial in a special court starting Monday. 

“I promised to uphold the Constitution in a fair, even-handed and efficient manner,” Soderstrom said in a resignation letter given to local media. “I believe that I have done so. However, being human, I have also faltered.”

Oklahoma Supreme Court Chief Justice John Kane IV recommended Soderstrom be removed following an investigation that found she mocked prosecutors, laughed at the bailiff’s comment about a prosecutor’s genitals, praised the defense attorney and called the prosecutor’s key witness a liar during the murder trial of Khristian Tyler Martzall.

Security video published by The Oklahoman showed Soderstrom texting or messaging for minutes at a time during jury selection, opening statements and testimony during the trial in Chandler, about 45 miles (72 kilometers) outside of Oklahoma City. 

Soderstrom, who took office last year, voluntarily suspended herself in October.

The judge’s texts during Martzall’s trial on a charge of killing his girlfriend’s 2-year-old son included saying the prosecutor was “sweating through his coat,” according to Kane’s petition. The texts described the defense attorney as “awesome” and asked “can I clap for her?” during the defense attorney’s opening arguments. In all, Soderstrom sent more than 500 texts to her bailiff. 

Soderstrom also texted a laughing emoji icon to the bailiff, who had “made a crass and demeaning reference to the prosecuting attorneys’ genitals,” Kane wrote.

Martzall was eventually convicted of second-degree manslaughter and sentenced to time served.

From ABA Journal (October 12, 2023):

Judge displayed photos of male lawyers in hot pink chairs, exchanged 500-plus texts during murder trial, petition says

BY DEBRA CASSENS WEISS

OCTOBER 12, 2023, 11:47 AM CDT

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Judge Traci Soderstrom of Lincoln County, Oklahoma, should be removed for her conduct during a June murder trial, according to an Oct. 10 petition. Image from Shutterstock.

Updated: A judge should be removed from office for exchanging more than 500 texts with a bailiff during a murder trial in which she mocked participant appearances and “displayed gross partiality,” according to a disciplinary petition filed by Oklahoma’s chief justice.

Judge Traci Soderstrom of Lincoln County, Oklahoma, should be removed for her conduct during the June murder trial of Khristian Tyler Martzall, according to the Oct. 10 petition. Soderstrom became a judge in January and agreed to a temporary suspension Tuesday.

USA Today, the Associated Press and KOKH have coverage.

According to the ethics petition, Soderstrom and the bailiff mocked the physical appearance of attorneys, jurors and witnesses; used offensive language to deride prosecutors; disparaged the local defense bar; and expressed bias in favor of the defendant.

The petition also alleges a separate incident in which Soderstrom asked male lawyers to pose for photos in the hot pink chairs in her chambers. The photos were then displayed in her outer chambers; none pictured a woman.

The petition also said Soderstrom made inappropriate comments on Facebook, screamed at a court services coordinator .and made misleading statements to the Oklahoma Council on Judicial Complaints.

Martzall was accused of murder in the fatal beating of his girlfriend’s 2-year-old son. Prosecutors said he either participated in the boy’s abuse or failed to prevent it from happening.

Martzell was convicted of second-degree manslaughter and sentenced to time served after spending more than five years in jail. The child’s mother had been sentenced to 25 years in prison after pleading guilty to enabling child abuse.

According to allegations in the ethics petition:

  • In text messages, Soderstrom and the bailiff discussed which jury instructions would best fit their desired outcome. Soderstrom granted a request for an instruction on second-degree manslaughter, which has a sentence of two to four years in prison.

  • Soderstrom refused to rule on an objection to prosecution plans to call a doctor as an expert witness before jurors were sworn in and then barred the expert after a later hearing. The district attorney had sought a ruling before the swearing in to preserve the state’s right to appeal the issue.

  • When a police officer took the stand, Soderstrom texted, “He’s pretty. I could look at him all day.” She and the bailiff also discussed whether a juror was wearing a wig, whether a witness had teeth, and whether a witness was “blinking uncontrollably.”

  • Soderstrom commented in a text that the district attorney was “sweating thru his coat” during voir dire. The bailiff replied that the district attorney is “gross and a horrible speaker.” Soderstrom also texted that a prosecutor “looks constipated” and, “Is that the oh s- - - look?”

  • Soderstrom commented in a text that jurors were going to hate the assistant district attorney, leading the bailiff to respond that he is “an arrogant ass- - - -.” The bailiff then “made a crass and demeaning reference to the prosecuting attorney’s genitals,” to which Soderstrom replied with a “ha ha” icon, the petition said.

  • Soderstrom referred to the district attorney’s “baby hands” in a text and said they were “weird looking.” The bailiff replied, “I was told they were tiny lol.”

  • Referencing the district attorney’s office, Soderstrom said in a text, “They are not used to going up against competent attorneys.” According to the petition, the comment was “implicitly dismissing the capabilities of the state’s attorneys and the defense bar.”

  • Soderstrom texted, “State just couldn’t accept that a mom could kill their kid so they went after the next person available.”

  • Soderstrom texted, “Can I please scream liar liar?” during the mother’s testimony.

  • Soderstrom called the defense lawyer “awesome” in a text when the lawyer addressed jurors during voir dire.

The pattern of conduct displays Soderstrom’s “gross neglect of duty, gross partiality and oppression,” wrote Oklahoma Chief Justice M. John Kane IV in the petition. “The conduct further demonstrates [Soderstrom’s] lack of temperament to serve as a judge.”

The Oklahoma Court on the Judiciary will hear the ethics case.

“Judge Soderstrom takes these allegations very seriously,” her lawyer, Tracy Schumacher, told USA Today. “We are in the process of requesting the entire record from the Council on Judicial Complaints, so that she can respond appropriately.”

Updated Oct. 12 at 1:35 p.m. to state in the headline that Judge Traci Soderstrom displayed photographs of the lawyers.