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Monday, March 25, 2024

Texting judge is off the bench

People are addicted to their cell phones, with no end in sight for the obsession. States have passed laws requiring calls to be hands free and prohibited texting while driving, and schools have rules in place to control when and where a student may access his phone. They are frequently prohibited in various medical settings, and businesses advertise that they won’t take your order or assist you unless you have ended your phone call.

 In jury trials, jurors are given a strict list of rules regarding use of cell phones, with some courts only recently allowing non-lawyers to have their phones in court. You would think that court employees, especially judges, would behave appropriately and respectfully relative to cell phones. After all, they require it of everyone else.

 

That, however, is not the case for now former district court judge Traci Soderstrom of Oklahoma. During a murder trial where the defendant was charged with killing a two-year-old boy, Soderstrom sent over 500 texts to her bailiff commenting about the attorneys and witnesses in the case (both negative, positive and some outright disturbing). She texted that the prosecutor’s witness was a liar and she wanted to clap for the defense attorney. This was done during jury selection, witness testimony and opening statements. Courtroom cameras clearly show her on the bench looking at and holding her cell phone.

 

Ultimately, the defendant was found guilty of second-degree manslaughter and given a sentence of time served. While everyone is guilty of not paying attention at times, one wonders how legitimate and trustworthy are the court proceedings in the case, or any other case Soderstrom presided over? Was the judge preoccupied with her phone when an objection was made? Did it lead to inaccurate rulings? The texts themselves clearly show a lot more than the appearance of impropriety.

 

Her behavior may lead to questioning all other hearings that were in front of her, and possibly reopening matters that were considered resolved. Soderstrom resigned in February 2024, stating “I promised to uphold the Constitution in a fair, even-handed and efficient manner. I believe that I have done so. However, being human, I have also faltered.” Indeed, we are all human, but her behavior is more than a falter – it’s unconscionable.

 

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