On Monday, July 22, 2024, the New York State Commission on Judicial Conduct recommended that Oneida County Supreme Court Justice Erin P. Gall be removed from office for a range of serious misconduct.

The Commission found that in July 2022, Justice Gall attended a high school graduation party where arguments broke out between invited and uninvited guests. When police arrived on the scene, Justice Gall engaged in racially offensive and unbecoming behavior directed at both partygoers and law enforcement for over an hour.

Justice Gall was recorded on police body cameras invoking her judicial position over a dozen times. She threatened gun violence against some black teenagers if they returned to the property to search for a lost car key. The Commission also found Justice Gall made disparaging comments about the teenagers’ intelligence and future prospects based on their race.

In addition, Justice Gall promised favorable treatment to the police and expressed satisfaction that her son had become physically violent with another partygoer. She also disparaged red flag laws meant to restrict access to firearms by those deemed a danger.

An investigation into the matter followed, culminating in an agreed statement of facts between Justice Gall, the Commission, and its administrator in March 2024. Both sides presented arguments on the appropriate sanction later that spring.

In a July 17th determination, nine members of the Commission concurred Justice Gall should be removed, citing her misconduct’s severe undermining of public confidence in judicial impartiality and integrity. Commission Administrator Robert Tembeckjian stated any single incident would have damaged trust but “all this and more was committed by one judge.”

The Commission’s determination has been transmitted to the New York Court of Appeals. Justice Gall has 30 days to request the high court to fully review the removal findings. If no appeal is made, the Court of Appeals will remove Justice Gall per the Commission’s ruling.

A copy of the original filing can be found here.