New York Supreme Court judge faces removal over racially charged altercation

By 
 July 24, 2024

A New York Supreme Court Justice is facing removal over "racially offensive" behavior during an altercation at a high school graduation party two summers ago.

Judge Erin Gall, a guest at the party, engaged in a lengthy verbal altercation with four uninvited black teens and police officers who responded to the scene. The exchange was captured on police bodycam.

Judge's outburst

The party had grown out of control as large groups of uninvited people began showing up. Fights broke out in which Gall's husband and son were injured.

The four uninvited black teenagers said they could not leave because they lost their car keys in the scuffle. As officers helped search for the keys, Gall demanded that police arrest the teens for trespassing. The owner of the property also urged police to arrest the teens.

Gall made numerous comments that were found unbecoming of a judge, including that her son "put the smack down" on another person. At various points, Gall invoked her official position as a judge.

She also threatened to call the chief of police if the teens were not removed.

"You’re done. Done, done, done. Get off the property! And’s that’s from Judge Gall! I’m a (expletive) judge! And I’m telling you! Get off the (expletive) property!"

Removal recommended

Gall was found to have shown an appearance of racial bias, also remarking that the teens did not look "smart" and that "they're not going to business school, that's for sure."

When officers said they might be accused of violating the black teens' civil rights, the judge said, "you know I'm always on your side."

An officer pushed back when Gall suggested she would shoot the teens if they came back to look for the car keys.

"You can’t shoot somebody for simply going on your property...Do you hear what you’re saying? You’re all white, privileged people with high-power jobs."

Later, Gall expressed remorse for her behavior and said she was responding emotionally to an attack on her husband and son.

The state Commission on Judicial Conduct suspended Gall with pay. The commission recommended her removal to the highest court of New York, the Court of Appeals.

"Impropriety permeated respondent’s conduct on July 2, 2022....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 found.

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