Judge who threatened to shoot teens appeals decision to remove her from the bench

An Oneida County-based judge is appealing a decision to toss her off the bench over threats to shoot teens during a graduation party that got out of hand.

Supreme Court Judge Erin Gall, who has presided over Capital Region cases, has filed a motion with the Court of Appeals to overturn the New York State Commission on Judicial Conduct recommendation to remove her for hurling racial insults at a group of Black teenagers.

The incident took place during a house party on July 1, 2022 in the town of New Hartford. Gall’s son was a guest of the party, where alcohol was served by a hired bartender. After word of the party spread on social media, uninvited guests showed up. A series of fights broke out.

A group of teens showed up to pick up a friend, who lost his car keys in the fracas. However, Gall said they should leave immediately.

“That’s how I roll. That’s how Mrs. G rolls. That’s how Judge Gall rolls. We’re clearing this place out,” she said in body camera footage of the incident.

Gall repeatedly invoked her position.

“I’m a f——- judge. I’m telling you, get off the “f—— property.”

Gall had claimed that her husband and son were assaulted in the melee. One of the teens said Gall’s husband hit him. She told police that she was glad that she told her son to “kick the s— out of anyone who hits him first.”

Gall insinuated that she would call the officer’s superior when he said she needed more evidence to make arrests. She also told police that she had their backs.

She said that the Black teenagers “don’t look like they’re that smart. They’re not going to business school, that’s for sure,” according to the video.

During her testimony, Gall said she was upset because her husband and son were hit and also cited a past trauma in 1990 of being assaulted as a college student.

The New York State Commission on Judicial Conduct said Gall invoked her office to gain preferential treatment, which “forfeited her ability to be and to appear to be impartial, particularly as it relates to race and law enforcement personnel. Given the range of her misconduct, members of the public can have no confidence in her ability to preside in a fair and unbiased manner.”

Gall’s attorney, Robert Julian, filed a notice of appeal on Aug. 16. The Court of Appeals set a schedule for the case. Gall must file her formal brief by Sept. 16, according to the court clerk’s office. Then, the New York State Commission on Judicial Conduct must file a response within 30 days of her filing. Then, she can file a response within 15 days of that filing.

The Times Union was first to report the story.