The New York State Commission on Judicial Conduct released a report calling for the removal of a Supreme Court judge after she was seen and heard on video threatening to shoot a group of Black teenagers at a graduation party.
Justice Erin Gall was seen on police body cam footage trying to invoke her authority in an attempt to get uninvited Black party guests arrested and then threatened to shoot Black teenagers on July 1, 2022. After a fight broke out and was dismantled, the police officer seemingly told the judge he couldn’t arrest people who had already left — unless they were on the property.
Gall was then heard saying she would call “when
they are on the property” as she anticipated the teens returning for lost car keys. She then described what would happen if the officers didn’t find the trespassers first. “If they did, they’ll be arrested, or they’ll be shot on the property,” Gall said.“Because when they trespass, you can shoot them on the property. I’ll shoot them…”
The panel concluded that Gall “created at least the appearance that she harbored racial bias,” which could undermine her integrity and confidence from the public.
According to The Democrat and Chronicle, the judge said, “They don’t look like they’re that smart. They’re not going to business school, that’s for sure.” They also concluded her “impropriety permeated” behavior
was over the line. “Her wide array of misconduct severely undermined public confidence in the judiciary and in her ability to serve as a fair and impartial judge,” the commission said while recommending her removal.The commission has been investigating that incident for two years, all while the upstate Oneida County judge was still sitting on the bench. Now that the investigation is complete, she has been suspended with pay, still receiving her $232,600 annual salary, but is waiting for the Court of Appeals, the highest court, to decide her fate.
The fight in question happened at Gall’s friend’s house. While she was trying to direct the officers on who to arrest, one officer reminded the judge that she wasn’t even at her own home, but she responded by saying, “It’s my jurisdiction, though.”
Both her husband and 18-year-old son were involved in the violence, and she was even heard bragging about her son’s performance, saying he “put the smackdown” on another partygoer. “My husband and son got hit first . . . but they finished. Like I taught ’em,” Gall said.
During her investigation testimony, Gall alluded that the fight triggered a memory of a 1990 assault she suffered as a college student. Her lawyer, Robert Julian, who said his client would appeal the panel’s decision, claimed Gall was in a “state of fear, dismay, frustration and exhaustion” when she made the comments.
However, Commission Administrator Robert Tembeckjian released a statement saying someone of her caliber should know better and her behavior is enough to warrant removal. “It is utterly unacceptable for a judge to threaten gun violence, exhibit racial prejudice, promise favorable treatment for the police, or disparage a law intended to keep guns away from dangerous people,” Tembeckjian said.
“Any one of these things would undermine public confidence in the administration of justice.”