On Monday, January 12, 2026, Artvoice reported that John Rendina filed a formal ethics complaint on January 7, 2026, against Judge J. Mark Gruber of the Town of Tonawanda Court with the New York State Commission on Judicial Conduct’s Rochester office. The complaint seeks Judge Gruber’s removal from his position.
Rendina is the uncle of Ryan Flynn, who has been held at the Erie County Holding Center without bail since October 21, 2025. Flynn was detained after accusing his cousin, former Erie County District Attorney John Flynn, of childhood sexual molestation. The complaint questions Judge Gruber’s impartiality, citing his six-year overlap with John Flynn in Tonawanda town government, where Flynn served as Town Attorney and Gruber as Town Justice.
John J. Flynn, the 41st District Attorney of Erie County from 2017 to March 2024, previously held positions as a Navy JAG officer, Assistant District Attorney, and personal injury attorney. He also led both the District Attorneys Association of the State of New York and the National District Attorneys Association. His prior service includes roles as a Town Board member, Town Justice, and Town Attorney for Tonawanda.
J. Mark Gruber has been a medical malpractice defense attorney for three decades. He also has a lengthy judicial career, serving as Acting Village Justice in Kenmore from 1983 to 1993, then as elected Village Justice until 2008. In 2008, he became Town Justice for Tonawanda, a part-time, locally compensated position that allows him to maintain his legal practice.
From 2010 to 2016, John Flynn and J. Mark Gruber worked concurrently for the Town of Tonawanda. After Flynn became District Attorney in 2017, his office prosecuted cases in Erie County courts, including Gruber’s. Now, Gruber presides over the case of Flynn’s accuser.
The timeline of events indicates that on September 8, 2025, two forensic psychologists deemed Ryan Flynn incompetent to stand trial. Christina Scott, Director of the Erie County Forensic Mental Health Service, notified Judge Gruber of this assessment on September 17, 2025. The following day, Judge Gruber issued an Order of Protection, prohibiting Ryan Flynn from contacting John Flynn and his wife. Five weeks later, Ryan was arrested for allegedly violating this order based on an anonymous Twitter post, with no verifiable IP address or device records. Judge Gruber then remanded him without bail.
According to CPL §180.80, prosecutors have 144 hours post-arraignment to hold a preliminary hearing, obtain an indictment, or secure a waiver. Ryan’s attorney, Nicholas Texido, argued that pending competency evaluations do not suspend this timeline, citing appellate decisions such as People ex rel. Molinaro v. Warden, Rikers Island (2022). Despite this, prosecutors did not hold a hearing, and Ryan was not released.
Ryan Flynn remains in the Erie County Holding Center. He alleges he has passed two subsequent competency evaluations. He also reports being assaulted while in custody and assigned to the Delta unit, the most restrictive section of the facility.
Rendina’s complaint alleges that Judge Gruber ordered Ryan Flynn’s incarceration without his attorney present and delayed court dates multiple times. Flynn’s next court date is now scheduled for March 5, 2026, meaning he will have been in custody for over four months. Rendina argues that Gruber violated Ryan Flynn’s constitutional rights and used his position to silence him.
The article also notes the unlikelihood of the Commission acting due to its lack of transparency and tendency to dismiss complaints unless misconduct is undeniable.
Source: Artvoice
