On Tuesday, December 31, 2024, the Times Union reported that Erin P. Gall, former justice of the New York Supreme Court 5th Judicial District, has secured a position as an attorney for Herkimer County following her removal from the bench. This development comes after a controversial incident in July 2022 when Gall threatened to shoot a group of Black teenagers during a disturbance at a high school graduation party in New Hartford, Oneida County.

Gall’s new role as an assistant county attorney was revealed in documents filed by the New York State Commission on Judicial Conduct. The commission had recommended her removal from her judicial post, which carried an annual salary of $232,600. After several months of legal proceedings, the commission urged the state Court of Appeals to act on its recommendation based on findings from an investigation into Gall’s behavior during the incident.

The July 2022 incident was recorded by multiple body cameras, showing Gall making inappropriate remarks while invoking her judicial position to influence police officers responding to the scene. The commission’s report highlighted a pattern of behavior that raised serious ethical concerns, leading to its recommendation for her removal.

Initially, Gall contested the commission’s decision, filing an appeal to the high court in August. However, she reversed her course in a filing dated December 15, indicating her intention to resign from her position effective January 1, 2025. This resignation occurred just days prior to a scheduled oral argument set by the Court of Appeals regarding her appeal, which has since been removed from the court’s calendar.

Robert H. Tembeckjian, the administrator and chief counsel of the commission, noted in a separate filing that the commission anticipated Gall would withdraw her appeal and advised against entering into a stipulation regarding her resignation. Tembeckjian stated that Gall was actively seeking other employment to avoid further media scrutiny associated with the commission’s removal proceedings.

Gall new role has an annual salary of $52,000, along with benefits including health insurance and a state pension. The commission indicated that Gall had received approximately $96,000 in salary since her suspension with pay while the investigation was ongoing.

In her latest filing with the Court of Appeals, Gall maintained that her initial appeal was genuine. However, the commission opposed the withdrawal of her appeal, arguing that allowing such an action after the lengthy legal process could encourage judges to manipulate the system for personal gain. The commission emphasized the need for the Court of Appeals to address the serious issues raised in Gall’s case, including the appropriate disciplinary action for her racially charged remarks and the implications of her invoking gun violence during the altercation.

The commission’s report detailed how the incident unfolded when a group of four Black teenagers arrived at the graduation party, which led to a physical altercation and the loss of the key to their vehicle. Gall’s comments, captured on video, included threats to shoot the teenagers if they returned to the property to retrieve their keys. The commission concluded that her statements were directed at the Black teens present and described Gall’s behavior as inappropriate and unbecoming of a judicial officer.

Gall’s family members, including her husband and son, were also reported to have participated in the escalating conflict at the party, further complicating the situation. While Gall has denied that her remarks were racially motivated, the commission’s findings reflect a significant breach of judicial conduct standards.

 

 

Source: Times Union