Suspended NY Supreme Court Justice appealing decision that she be removed from the bench

New York State Supreme Court Justice Erin Gall is appealing the New York State Commission on Judicial Conduct’s decision that she should be removed from the bench .

In a letter submitted by her attorney, received on August 19 by the NYS Commission on Judicial Conduct, Robert Julian writes:

“Please be advised that I represent the Honorable Erin P. Gall, Justice of the Supreme Court. Pursuant to Judiciary Law 44(7), we do not accept the Determination of the Commission on Judicial Conduct and request a review by the Court Appeals of Determination.”

Judiciary Law 44(7) states: “After a hearing, the commission may determine that a judge be admonished, censured, removed or retired…The judge involved may either accept the determination of the commission or make written request to the chief judge, within thirty days after receipt of such determination, for a review thereof by the court of appeals.”

Gall was suspended prior to the determination.

Reasoning for removal

The decision follows an incident in July 2022 ,  in which Gall invoked her judgeship with police during a confrontation that arose at the July 2022 party in New Hartford, according to the Commission on Judicial Conduct , which recommended her removal.

The commission said should be removed because of a "racially offensive, profane, prolonged public diatribe outside a high school graduation party."

She went on to encourage police to arrest black teenagers allegedly involved, insult their intelligence, saying ‘they sure aren’t going to business school’, and threatening to shoot them if they trespass on her property.

Gall "repeatedly violated the ethical rule prohibiting judges from lending the prestige of their judicial office to advance their own private interests or the interests of others," the commission determined.

Gall told the commission that she reacted emotionally because both her son and husband, who she said tried to intervene, ended up involved in the fights. She said she also was frustrated because she thought the police response was inadequate.

This article originally appeared on Observer-Dispatch: Suspended NY Supreme Court Justice appealing decision that she be removed from the bench