Supreme Court:
The Oklahoma State Supreme Court filed a petition Tuesday seeking the removal of Lincoln County District Judge Traci Soderstrom following an investigation by the Council on Judicial Complaints.
The petition states that Soderstrom “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 which reportedly began its investigation this summer.
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. - wOther grounds specified by the Legislature.
According to the document, the Supreme Court, as petitioner, requests the presiding Judge of the Court of the Judiciary issue an order to Soderstrom to appear at a date, time and place certain to show cause why she should not be suspended from her office pending further proceedings in the case and that Soderstrom be suspended from her office pending the proceedings in this action.
The petitioner states there is no evidence that Soderstrom will voluntarily cease and desist in the performance of matters which gave rise to filing of the petition. It further states there is an existing emergency justifying the Trial Division of the Court on the Judiciary of the State of Oklahoma in temporarily suspending Soderstrom from office.
The petition states. “Great and irreparable harm ad 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.
The petitioner requests that the Court on the Judiciary enter an Order removing Judge Soderstrom office a District Judge in and for Lincoln and Pottawatomie Counties in Oklahoma and the 23rd Judicial District, with disqualification to hold any judicial office in the state of Oklahoma.
One of the matters that Soderstrom came under investigation for was reportedly using her cell phone extensively during a seven-day murder trial in June that she presided over.
She won election last November over Joe Dobry. Soderstrom won the position held by District Judge Cindy Ashwood who retired after serving 12 years on the bench.
This was Soderstrom’s first murder trial to preside over since being sworn in during January.
A source told the Lincoln County News that Soderstrom has a right to a trial within 60 to 90 days of when the petition was filed this week.
If she doesn’t agree to the suspension sought by the petitioner, then a show cause hearing has to be held by the Court on the Judiciary.
It’s the Court on the Judiciary that would conduct the trial, the source stated.
Among the violations of Article 7-1 cited in the petition is that while presiding over a murder trial that began on June 7 this year, 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 used 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 being 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.