A trial date has been scheduled for suspended Lincoln County District Judge Traci Soderstrom by the Court on the Judiciary.
Soderstrom has been suspended since early October after the State Supreme Court filed a petition seeking her removal from office.
The petition was filed following an investigation by the Court on Judicial Complaints that began last summer.
Court records also show that on Monday, Jan. 8, Deposition Subpoenas were filed with the Court on the Judiciary for several persons. They include Special Judge Emily Mueller, Lincoln County Sheriff Charlie Dougherty, Lincoln County Court Clerk Cindy Kirby and Patricia Wible, court reporter.
They are scheduled to give depositions on Friday, Jan. 12, according to court records.
The deposition subpoenas were issued last week. Court records show that the matter has been set for a pretrial conference at noon on Jan. 12. It’s set for another pretrial conference on Jan. 26 with time and place not yet established and the trial is scheduled to begin Feb. 12 with the exact time not yet established.
The petition seeking Soderstrom’s removal from office states that she “engaged in conduct prohibited by the Oklahoma Constitution.” The allegations are based on information forwarded to the Supreme Court by the Council on Judicial Complaints.
The grounds which the removal from office is sought include these activities prohibited by Article 7-A of the state Constitution. According to the petition, they include: Gross neglect of duty. Gross partiality in office.
Oppression in office.
Other grounds specified by the Legislature.
The petition states, “Great and irreparable harm and injury will occur if Soderstrom is allowed to continue in the capacity of a District Judge of the 23rd Judicial District in Oklahoma.”
It continues that “the petitioner alleges the above-enumerated acts by Soderstrom warrant discipline by the Court on the Judiciary as authorized by the statutes and the State Constitution.
One of the matters that Soderstrom came under investigation for was reportedly using her cell extensively during a seven-day murder trial last June that she presided over.
It was Soderstrom’s first murder trial to preside over since being sworn in during January of 2023.
Among the violations of Article 7-1 cited in the petition is that while presiding over a murder trial that began on June 7 of 2023, Soderstrom exchanged more than 500 text messages with her Bailiff Angela Miller in which they mocked the physical appearance of attorneys, jurors and witnesses and u s e d offensive language to deride the state’s attorneys.
“The Resondent (Soderstrom) and her bailiff called murder trial witnesses liars, admired the looks of a police officer who was testifying, disparaged the local defense bar, expressed bias in favor of the defendant and displayed gross partiality against the state.”
It further states, “Respondent and her Bailiff texted back and forth with each other continuously during the active portions of the murder trial. Respondent placed her personal cell phone toward the front of her lap outside the view of others in the courtroom.”
Last summer when information surfaced that surveillance video revealed Soderstrom was on her cell phone extensively during the murder trial and on Facebook as well, Sheriff Charlie Dougherty reportedly was requested by the Council on Judicial Complaints to turn over the video.
District Attorney Adam Panter of Pottawatomie and Lincoln Counties last summer said, “After receiving a tip from courthouse personnel, I reviewed surveillance video from above the judge’s bench and can confirm that the judge spent hours of the trial on her cell phone both texting and scrolling social media.
“It’s both shocking and disappointing to learn. Jurors are banned from using cell phones in the courtroom during trials because we expect them to give their full time and attention to the evidence being presented,” Panter added.
Gross partiality is one of the grounds the petition states as to why Soderstrom should be removed from office and several instances during a murder trial are cited to back up that accusation.
During the trial, Soderstrom approached Sgt. Kelly Coleman, Capt. Chad Pavlicek and Detective Larry Stover in the hallway and stated she didn’t think the defendant would be found guilty of murder and he would only be sentenced to time served.
She also disallowed a key child abuse expert to testify despite the state’s objection, the petition indicates.
She and her bailiff, test messaging during the trial, mocked some jurors. They discussed whether one juror was wearing a wig, questioned if one witness had teeth and called a police officer who took the stand “pretty,” with Soderstrom adding, “I could look at him all day.”
The petition also states that Soderstrom attempted to mislead the Council on Judicial Complaints regarding the timing of her text messages.