STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Investigation of Complaints Pursuant to Section 44, subdivisions 1 and 2, of the Judiciary Law in Relation to

JOHN R. DUYSSEN,

a Justice of the Leroy Town Court, Genesee County.

STIPULATION

THE FOLLOWING IS HEREBY STIPULATED by and between Robert H.

Tembeckjian, Administrator and Counsel to the Commission on Judicial Conduct

("Commission"), and the Honorable John R. Duyssen and his attorney, Daniel Killelea,

of Law Offices of Gilmour & Killelea, LLP.

1. John R. Duyssen has been a Justice of the Leroy Town Court, Genesee

County, since January 2018. His term expires on December 31 , 2021. Judge Duyssen is

not an attorney.

2. In January 2021 , the Commission apprised Judge Duyssen that it was

investigating complaints arising from his arrest on criminal charges of harassment and

endangering the welfare of a child, his invocation of his judicial office at the time of his

arrest to a New York State Police Investigator whom he asked to recommend a less

restrictive Order of Protection, and his failure for approximately three months to comply

with a court order to surrender all of his firearms.

3. The criminal charges were resolved with (A) Judge Duyssen consenting to a

one-year comprehensive disposition plan monitored by the Wyoming County Department

of Social Services, which he completed in February 2020 and (B) by a court-ordered

Adjournment in Contemplation of Dismissal.

4. Judge Duyssen has tendered his resignation from judicial office by letter

dated June 18, 2021 , a copy of which is annexed as Exhibit A . Judge Duyssen affirms

that he vacated judicial office as of July 8, 2021.

5. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days

from a judge's resignation to complete proceedings and, if it so determines, render and

file a determination that the judge should be removed from office.

6. Judge Duyssen affirms that, having vacated his judicial office, he will neither

seek nor accept judicial office at any time in the future.

7. Judge Duyssen understands that, should he abrogate the terms of this

Stipulation and hold any judicial position at any time in the future, the present

proceedings before the Commission would be revived, he would be served with a Formal

Written Complaint on authorization of the Commission, and the matter would proceed to

a hearing before a referee.

8. Upon execution of this Stipulation by the signatories below, this Stipulation

will be presented to the Commission with the joint recommendation that the matter be

concluded, by the terms of this Stipulation, without further proceedings.

9. Judge Duyssen waives confidentiality as provided by Section 45 of the

Judiciary Law, to the extent that ( 1) this Stipulation will become public upon being

signed by the signatories below, and (2) the Commission's Decision and Order regarding

this Stipulation will become public.

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Dated: 7- 2 \ - ioz.. l

Dated: 7, Z. I • 2.02.. '

Dated:

Daniel M. Killelea Law Offices of Gilmour & Killelea Attorney for John R. Duyssen

Robert H. Tembeckjian Administrator and Counsel to the Commission (John J. Postel and David M. Duguay, Of Counsel)

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July 22, 2021

Le Roy Town Court

June 18, 2021

James Farnholz, Town Supervisor Town of LeRoy 48 Main Street LeRoy, New York 14482

JUSTICES

Darryl Sehm John Duyssen

I would like to advise the Town Board at this time as to my resignation as Town Justice effective 07/08/21.

48 Main Street LeRoy, New York 14482

Phone: (585) 768-6910 Fax: (585) 768-2983

EXHIBIT A