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Commission says New York judge should be removed over profane rant at graduation party

NEW YORK (AP) 鈥 A New York state judge who engaged in a prolonged, offensive rant after a melee erupted at a high school graduation party should be removed from office, a judicial watchdog panel ruled.

NEW YORK (AP) 鈥 A New York state judge who engaged in a prolonged, offensive rant after a melee erupted at a high school graduation party should be removed from office, a judicial watchdog panel ruled.

State Supreme Court Justice Erin Gall, 53, invoked her authority as a judge to try to get uninvited guests arrested, threatened to shoot Black teenagers and bragged that her 18-year-old son had 鈥減ut the smackdown鈥 on another partygoer, the state Commission on Judicial Conduct said in its report issued Monday.

The commission found that Gall, a white Republican who has served as an elected judge in upstate Oneida County since 2012, 鈥渃reated at least the appearance that she harbored racial bias,鈥 which could undermine public confidence in her integrity.

The judicial conduct panel said that 鈥渋mpropriety permeated鈥 Gall鈥檚 conduct after the July 1, 2022 graduation party at a friend鈥檚 house got out of hand. 鈥淗er wide array of misconduct severely undermined public confidence in the judiciary and in her ability to serve as a fair and impartial judge,鈥 the commission said in recommending her removal.

Gall, who has been sitting on the bench during the two years it took for the judicial commission to complete its investigation, is now suspended with pay 鈥 her salary is $232,600 a year 鈥 while New York's highest court, the Court of Appeals, decides her fate. Meanwhile, her attorney, Robert Julian, said Tuesday that she'll appeal the panel's determination.

Gall testified during the investigation, saying that the violent skirmishes at the graduation party triggered memories of a 1990 assault she suffered as a college student. Julian did not dispute his client鈥檚 comments, but said she was in a 鈥渟tate of fear, dismay, frustration and exhaustion鈥 when she made them.

According to the report, Gall attended the party at a friend's home in New Hartford, New York with her husband and three teenage children. The party's hosts hired a bartender and provided a keg of beer that guests could serve themselves from.

A large number of apparent party crashers showed up after 11:30 p.m., the panel said. Four Black teenagers arrived after learning of the party from a live video feed, and the driver then lost his car keys, the report said.

Arguments and fights broke out between invited and uninvited guests, and officers from several law enforcement agencies responded.

Police body camera footage showed Gall telling the Black teenagers, 鈥淵ou got to leave! You鈥檙e not going to find your keys. You got to call an Uber and get off the property."

She then said, 鈥淲ell, you鈥檙e going to get in an Uber, buddy, or you鈥檙e going to get a cop escort home. That鈥檚 how it鈥檚 happening. That鈥檚 what I鈥檓 telling you right now. That鈥檚 how I roll. That鈥檚 how I roll. That鈥檚 how Mrs. G rolls. That鈥檚 how Judge Gall rolls. We鈥檙e clearing this place out.鈥

Gall tried to get the police to arrest the Black teenagers for trespassing, saying, "I鈥檝e done this for a million years. I鈥檓 a lawyer. I鈥檓 a judge. I know this.鈥

She also yelled at the teenagers to 鈥淕et off the property! And鈥檚 that鈥檚 from Judge Gall! I鈥檓 a judge!,鈥 using a profanity.

Both Gall's husband and her 18-year-old son were involved in the fighting, and Gall told officers that her son 鈥減ut a smackdown once he got hit.鈥

She also said, 鈥淢y husband and son got hit first . . . but they finished. Like I taught 鈥檈m.鈥

The body camera footage shows that Gall alternated between complaining that the officers weren't arresting anyone and assuring officers that she was on their side.

鈥淟isten, but guess what, the good part is 鈥 the good part is I鈥檓 always on your side,鈥 she said. 鈥淵ou know I鈥檇 take anyone down for you guys. You know that.鈥

Gall told police that the Black teenagers 鈥渄on鈥檛 look like they鈥檙e that smart. They鈥檙e not going to business school, that鈥檚 for sure.鈥

She also said that if the teenagers were to come back looking for their keys, 鈥測ou can shoot them on the property. I鈥檒l shoot them on the property.鈥

Gall鈥檚 behavior was 鈥渁s shocking as anything I have seen in my 40 years of judicial ethics enforcement,鈥 said Robert H. Tembeckjian, the commission鈥檚 administrator and counsel.

Karen Matthews, The Associated Press