Albany, N.Y. — Erin P. Gall, a former Central New York judge who stepped down amid controversy over racially insensitive remarks made at a private function, has been appointed to a new role as an assistant county attorney in Herkimer County. The state Commission on Judicial Conduct revealed this new appointment in court documents this week.
Gall resigned from her judicial position in Oneida County on December 15, after being suspended with pay since last summer. The suspension followed a commission determination recommending her removal due to inappropriate comments at a high school graduation party in July 2022, held in New Hartford, Oneida County.
At the event, Gall was reported to have misused her office by making threats against a group of Black teenagers and making racially derogatory comments about their intelligence. The commission described her conduct as a “racially offensive, profane, prolonged public diatribe” which led to a ruling in favor of her removal from the judiciary.
Despite the commission’s decision, Gall sought a lesser penalty and in August, she petitioned the state Court of Appeals to review her case, contending the findings of racial offensiveness. However, by December, an affidavit by Gall indicated she had resigned, abandoning any hope of retaining her judgeship, describing the decision as one of her most challenging.
She was initially elected as a judge in 2011 under the Republican banner and was serving a 14-year term that was scheduled to expire in December of the following year. During her tenure as a judge, Gall earned an annual salary of $232,600.
The move to hire Gall in Herkimer County as an assistant county attorney has stirred discussions amidst the legal community and the public, considering the serious nature of the allegations that led to her resignation.
Legal ethics experts suggest that such appointments could undermine public confidence in the legal system, particularly concerning the accountability measures taken against public officials who display such misconduct.
This narrative surrounding Gall’s resignation and subsequent reappointment reflects broader issues of accountability and rehabilitation for public officials after allegations of misconduct, questioning the balance between penalization and second chances.
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