Emily J. Cole Censured

Los Angeles Superior Court Judge Emily J. Cole was presiding over the murder trial of Travis Rockhill when, after both sides had rested their cases, she sent a private text message to a former colleague at the District Attorney's office. "She's not calling Smalls after that??? Why??" Cole wrote — referring to her own courtroom bailiff, who had heard an allegedly incriminating statement from the defendant, and questioning why the prosecutor wasn't putting him on the stand.

The California Commission on Judicial Performance found Cole's texts "antithetical to her role as a judge." Commission chair Dr. Michael A. Moodian wrote that she "attempted to put a thumb on the scales of justice, crossed the line from an impartial judicial officer to an advocate, and displayed neither neutrality nor wisdom." Cole was also found to have downplayed her conduct once it came to light.

The consequences reached beyond the disciplinary case itself: California's Second District Court of Appeal later found judicial bias in Rockhill's trial, overturning his conviction and ordering a third trial for the same murder. The Commission on Judicial Performance issued Cole a public censure — the most severe sanction available short of removal from the bench.