'Absolute Embarrassment To The Judiciary System': DA Releases Statement On Removal Of Lincoln Co. Judge

A scathing 47-page report by Oklahoma's Chief Justice reveals unbecoming messages between a Lincoln County judge and her bailiff. The judge has been temporarily removed from her position, but could lose her role as a judge altogether.

The text messages between Judge Traci Soderstrum and her bailiff include comments on appearances, called trial witnesses liars, and had favorable messages for the defendant. During Judge Soderstrum's murder trial inside the Lincoln County Courthouse, surveillance video showed her texting, scrolling Facebook, and using other apps.

Prosecutors asked jurors to find Khristian Tyler Martzall guilty in the death of 2-year-old Braxton Danker.

Related: ‘Just Another Insult On Top Of Injury’: Family Speaks Out After Sentencing In Case Of 2-Year-Old’s Death

District Attorney Adam Panter represented the state. He says the texts during a murder trial violated four parts of the Oklahoma Constitution.

According to a petition filed by Oklahoma's Chief Justice Judge Soderstrum texted her bailiff while DA Panter addressed jurors, "Sweating thru his coat." the bailiff responded, "Yes. It's gross. He's gross and a horrible speaker."

The DA released a statement to News 9 saying in part, "The allegations demonstrate that Judge Soderstrom is an absolute embarrassment to the judiciary system..."

He later added that his office has fought her quote "...attempts to circumvent the laws to fit her own personal beliefs."

During the trial, the petition says the judge made completely different remarks about the defense attorney texting, "She's awesome." The filing also says Judge Soderstrom continued to share her bias of the defendant's innocence.

Court documents say the judge also barred the prosecution from calling a key expert witness.

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

The judge testified before the Council on Judicial Complaints, saying she wasn't texting during the trial but during the downtime. She has been suspended from her duties.

 The Oklahoma Court on the Judiciary will meet on January 3rd to decide if Soderstrom will be removed as a judge.

 Below is the full statement from District Attorney Patner in response to the allegations:

I have reviewed the Petition filed on this date by the Honorable M. John Kane, Chief Justice of the Oklahoma Supreme Court, containing numerous allegations of wrongdoing by Judicial District 23 District Judge Traci Soderstrom. 

After the preceding District Attorney resigned while facing a cloud of scrutiny for numerous wrongdoings, I was appointed by our Governor, J. Kevin Stitt, as District 23 District Attorney. At that time, I swore an oath to our Governor, the people of the State of Oklahoma, and to the citizens of Lincoln and Pottawatomie Counties that I would do my best to restore their faith in the criminal justice system. The allegations of misconduct by Judge Traci Soderstrom, based on an investigation conducted by the Oklahoma Council on Judicial Complaints, are the exact type of behavior I swore to fight against. Some of these same allegations are what ultimately lead me to request that Judge Soderstrom be removed from hearing all criminal matters in District 23.

The allegations demonstrate that Judge Soderstrom is an absolute embarrassment to the judiciary, to the criminal justice system, to the legal profession as a whole, and to the people of the State of Oklahoma. Her actions demonstrate those of a person who took the bench, not the purposes of upholding the law, or to do service for her community, but to exert power, control, and dominance over those same persons she swore an oath to protect. It is unfortunate that her conduct has cast a shadow on a system where the vast majority of those take very seriously their oaths and duty to the public, and her actions should not reflect negatively on them.

From practically the beginning of her term, Assistants from my office have fought nearly daily battles against Judge Soderstrom and her attempts to circumvent the laws to fit her own personal beliefs. As a result of their attempts at pursuing justice on behalf of victims and the State, Judge Soderstrom has subjected those same Assistants to constant belittlement and threats of retaliation. Rather than a Court of law where all persons are treated with dignity and respect, those in her courtroom were treated with contempt and annoyance.

Information that Judge Soderstrom has commented on, or made fun of, the physical appearance of prosecutors, other attorneys, witnesses, and jurors is disgusting, but not surprising considering her past demeanor on the bench. Especially disgusting and outrageous were her communications with her bailiff regarding my genitalia, and possibly the genitalia of other male Assistant District Attorneys. This vulgar and offensive behavior is a clear indication of her bias against the State of Oklahoma. 

It is now well publicized that Judge Soderstrom spent many hours of a murder trial involving the brutal beating death of a child, glued to her cell phone on social media rather than pay attention to the evidence. But what is now known, and in my opinion even more obscene, is that now we are aware from the allegations that Judge Soderstrom actively attempted to undermine the State’s ability to successfully prosecute a child killer. She impeded the State’s ability to appeal an incorrect ruling, resulting in the jury being unable to hear the testimony of a child abuse expert. When the State informed Judge Soderstrom that it would appeal her ruling if she prevented the expert’s testimony, she then timed her ruling in a manner that prevented the State from then appealing her decision to keep out the testimony. Now, the State of Oklahoma, and the family of the child murder victim, are denied the opportunity for a just verdict due to her actions, rather than a fully informed jury.

Many of the allegations in the Petition speak for themselves. But I do not think it is without coincidence that much of Judge Soderstrom’s actions against the State involved cases where the State has prosecuted persons alleged to have committed heinous offenses against children.

It is my hope that the immediate suspension and upcoming trial to remove Judge Soderstrom from office will rid District 23 of a tyrant and again restore public confidence in the justice system.