You can take a judge out of the district attorney’s office, but apparently, you can’t take the district attorney’s office out of the judge. That appears to be the case with former Los Angeles County Superior Court Judge Emily J. Cole, who received a severe public censure from the state Commission on Judicial Performance and a transfer to family court after admitting she’d made ex parte communications to a deputy district attorney about a prosecutor’s choices during a murder trial.
On November 12, 2025, the California Court of Appeals in the Second Appellate District reversed and remanded a district court ruling that denied Travis Rockhill’s appeal on his guilty verdict from his second trial. Judge Cole’s misconduct gives Rockhill and his defense attorneys a third chance to overcome the charges he faces.
While she did issue a minute order and recused herself from Rockhill’s sentencing hearing, Judge Cole’s self-proclaimed “absolutely inexcusable” text messages to the district attorney’s office were in violation of the California Code of Judicial Ethics. Regardless of whether Rockhill suffered any prejudice from her actions, the appellate court ruled that her structural error automatically warranted a new trial.
Wrong Place, Wrong Time?
Rockhill was charged with murdering Gary Matthews in June 2020. According to the prosecutors, Rockhill was angry with Matthews for scuttling his deal to sell a scooter to an associate named Nancy. He allegedly shot Matthews in the head before fleeing the scene. Matthews drove away and crashed. He would succumb to his wounds a few weeks later.
While admitting he’d been present, Rockhill denied shooting Matthews. He claimed the murder was committed by a person named Louie, also known as “Primo”, who had quarreled with Matthews before and shot him outside Nancy’s dwelling. He did not testify in his own defense during the first trial.
After both sides had rested, Rockwell was being escorted back to the lockup area by the bailiff, Los Angeles County Sheriff’s Deputy Randy Smalls. According to Smalls, Rockhill, without prompting, announced that he was going to “get off” because he “didn’t shoot this guy.” When Smalls asked if he knew who had shot Matthews, Rockhill claimed that while Primo and Nancy had conspired to beat up and rob Matthews, Primo had instead shot him in the head." Smalls later reported what Rockhill had said to Judge Cole.
Judge Cole brought the attorneys into her chambers after closing arguments and, while being transcribed by the court reporter, revealed what she’d been told.. Despite the inappropriateness with which the information had been relayed, Judge Cole stated that she didn’t feel as if it had biased her. Los Angeles County Deputy District Attorney Yujin Yi, acting as the prosecution, chose not to argue for a mistrial. Both she and the defense agreed that Rockhill’s testimony to Smalls could be examined at a future trial, if necessary. A deadlocked jury caused a mistrial, making that a reality.
When a Judge Gets a Little Too Judgy
For the second trial in 2023, Judge Cole granted Yi’s request to exclude Smalls from the courtroom. However, the prosecution didn’t call the bailiff during its case-in-chief. In an unrecorded sidebar requested by Judge Cole, she asked Yi if she planned on calling any rebuttal witnesses. Yi responded in the negative.
Later that day, Judge Cole texted her former work colleague, Deputy District Attorney Kevin Sexton, who had been present during the proceedings. After questioning why Yi wasn’t calling Smalls to the stand and receiving “Not a clue” from Sexton, Judge Cole responded with, “Maybe people should talk it over with her???”
During the next day in court, Judge Cole asked if Yi was calling a rebuttal witness both with and without the jury present in the courtroom. Yi said no each time. After reopening the case to allow additional defense testimony, a jury found Rockhill guilty of first-degree murder and of using a firearm during the murder. After the verdict, Sexton shared the texts with Yi. Both the defense counsel and Supervising Judge Denise McLaughlin-Bennett were alerted to the existence of Judge Cole’s ex parte communications.
Judge Cole addressed the issue in her chambers with both counsels a few days later. While admitting that her texts were improper and “absolutely inexcusable,” she insisted that she had remained fair and impartial throughout the trial. She then recused herself from the sentencing hearing and documented the meeting in a minute order on May 15, 2023. She amended the minute order on May 26 to further clarify that the texts occurred after both sides had rested and the court was no longer in session for the day.
In addition to her questionable decision to text off-the-record legal advice during an ongoing trial, Judge Cole came under scrutiny for her misleading statements in the minute orders, which implied that the case was actually concluded when she made her comments. The severe public censure she received last year is the strictest punitive measure imposed on a judicial officer, short of removal from the bench. Judge Cole was reassigned to family court for the remainder of her term.
Third Time Is the Charm?
In the aftermath of Judge Cole’s recusal, Rockhill was sentenced to 35 years to life by a different judge. As might be expected, he claimed a violation of his due process rights and filed for a new trial. Judge McLaughlin-Bennett denied the motion, ruling that the ex parte communication didn’t adversely affect what occurred in the trial court.
The defense, not surprisingly, filed an appeal. They had support from an unexpected quarter in the prosecution, who agreed that Judge Cole’s conduct couldn’t be dismissed. The appellate court agreed, returning a unanimous decision on November 12, 2025, ruling that texts were a structural error that couldn’t go ignored and, in fact, called for an automatic reversal and remand.
The Los Angeles District Attorney’s Office hasn’t released a decision yet on whether it will seek a third trial. If so, they’re probably hoping that the trial judge assigned to the case will keep their prosecutorial opinions to themselves.
Related Resources
- Judge’s Political Ties Prompt Misconduct Complaint (FindLaw’s Practice of Law)
- Judge Faces Disciplinary Action for … Having a Life? (FindLaw’s Practice of Law)
- What Happens When a Jury Is Deadlocked? (FindLaw’s Law and Daily Life)
