A judge is facing an investigation after having been caught sending over 500 text messages to her bailiff during a murder trial for a two-year-old child.
Lincoln County District Judge Traci Soderstrom had been under scrutiny since July after she was caught on camera scrolling social media and texting during the trial of a man accused of fatally beating a toddler.
Soderstrom could face losing her job after messages were found mocking the prosecutor, praising the defense attorney, and calling a key witness a "liar",
The chief justice of the Oklahoma Supreme Court has also recommended Soderstom be removed from her post in a court filing on Tuesday after she was investigated by the state council.
Soderstrom had been presiding over the pretrial, jury selection, and opening statements in the trial relating to the death of Braxton Danker, two, who died in 2018 after suffering a cardiac arrest and was discovered to have injuries including broken bones and open wounds all over his body.
His mother, Judi Danker, and her boyfriend Khristian Martzall, were charged with first-degree murder relating to his tragic death.
According to the petition, texts Soderstrom sent during the trial included saying that the prosecutor was "sweating through his coat" while questioning potential jurors, and asked: "Why does he have baby hands?"
She also allegedly called the defense attorney "awesome" and asked: "Can I clap for her?" during opening arguments, as well as sending a laughing emoji to the bailiff after they had "made a crass and demeaning reference to the prosecuting attorneys’ genitals".
Martzall was convicted of second-degree murder and sentenced to time served, while Danker pleaded guilty to enabling child abuse and was sentenced to 25 years.
According to the filing, Soderstrom texted: "State just couldn’t accept that a mom could kill their kid so they went after the next person available."
As Danker took to the stand as a prosecution witness against Martzall, she also messaged: "Can I please scream 'liar, liar?'"
Other messages including asking whether a juror was wearing a wig and if one of the witnesses had teeth, as well as calling a police officer "pretty" and stating: "I could look at him all day."
After her phone use was caught on CCTV and she was questioned by the council on judicial complaints, Soderstrom said her messages "probably could have waited", rather than admitting she should never have made the comments she did, adding that she thought: "Oh, that’s funny. Move on."
Soderstrom had been elected in November and was sworn in on January 9, but is currently suspended with pay pending the outcome of a hearing in which the court will determine whether she should be removed from the bench.
Chief Justice John Kane IV said, via the Guardian: "The pattern of conduct demonstrates [Soderstrom’s] gross neglect of duty, gross partiality, and oppression. The conduct further demonstrates [a] lack of temperament to serve as a judge."
Kane's petition adds that Soderstrom previously criticized other attorneys and prosecutors, as well as berating. member of courtroom staff, arguing that she should be removed for reasons including gross neglect of duty, gross partiality in office, and oppression in office.
Soderstrom agreed to a temporary suspension from her position and her attorney, Tracy Schumacher, told The Oklahoman that she "takes these allegations very seriously" and is planning a response once the entire record from the Council on Judicial Complaints has been received.
Her four-year term is due to end in January 2027.
