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Mark S. Mishler has been a resident of the City of Albany since 1981. He and his wife have raised their two sons here. His law degree was awarded cum laude from Boston College School of Law in 1981. His Bachelor's degree, in Music, was awarded cum laude from Brandeis University in 1978. As the Director of Student Legal Services at the University at Albany in the 1980s and later as partner in the firm of Walter, Thayer & Mishler, he provided experienced, high quality, honest and professional legal services. Now in solo practice, he maintains a commitment to civil and human rights.

Mark has handled numerous criminal and civil cases in state and federal courts. His work in civil cases has resulted in significant settlements or verdicts in cases involving personal injury, police brutality, inadequate medical care for prisoners, employment discrimination (including discrimination based on race, sex and national origin), public accommodation discrimination, and violations of due process. Mark has also obtained trial acquittals or pre-trial dismissals in many criminal cases, including felony and misdemeanor cases.

Court Admissions:

  • Massachusetts: 1981
  • New York, 3rd Department: 1982
  • US District Court, Northern District of New York: 1982
  • US Court of Appeals, 2nd Circuit: 1997

Educator:

Adjunct Professor:

  • University at Albany, School of Criminal Justice, "Mass Incarceration: The New Jim Crow", developed and taught courses for graduate and undergraduate students in criminal justice, Fall Semester 2015 and Spring Semester 2016
  • Albany Law School, "Issues in Law and Society: The New Jim Crow", developed and taught upper level seminar for law students, Fall Semester 2012
  • Cornell University, School of Industrial and Labor Relations, "Employment Discrimination and the Law", Fall Semester 1997

Presenter:

Mark has offered numerous workshops, courses and presentations to lawyers and non-lawyers on legal issues, including:

  • Police-Community Relations: Moving Forward, panelist, The Edwin L. Crawford Memorial Lecture on Municipal Law, featuring U.S. District Court Judge Sterling Johnson, Jr., Albany Law School, Albany, NY May 2015
  • Justice, Race and Police Force - Going Beyond Ferguson and Garner, panelist with U.S. District Court Judge Shira Scheindlin, Manhattan DA Cyrus Vance, Jr., NYC Corporation Counsel Zachary W. Carter, and others, NYSBA annual conference, NY, NY, January 2015
  • Numerous presentations regarding voting rights and the status of the Voting Rights Act following the Supreme Court decision in Shelby County v. Holder (2013), including:
    • League of Women Voters, Albany County, annual dinner, co-keynote speaker, June 2015
    • Selma 50th Anniversary, A Celebration of the Continuing Struggle for Voting Rights, panelist, Albany Selma 50th Committee, Albany, NY, February 2015
    • NYS Minorities in Criminal Justice, 28th Annual Symposium, Albany, NY, October 2014
    • Underground Railroad History Project, Annual Conference, workshop co-presenter with Congressman Paul Tonko, Troy, NY, April 2014
    • Citizen Action of NY, panelist, "Our Right to Vote", Albany, NY, August 2013
    • Underground Railroad History Project, "What to the Slave is the 4th of July" event, Albany, NY, July 2013
  • "Litigating Employment Disputes at the Administrative Level - EEOC and NYS Division of Human Rights", presentation as part of NYS Bar Association CLE Seminar on Employment Law for the General Practitioner, Albany, NY, June 2011
  • “False Arrest and Excessive Force”, presentation as part of NYS Bar Association CLE seminar on Suing and Defending Municipalities: Law, Procedure and Ethics, Albany, NY, November 2004
  • “Defenses / Motions to Dismiss”, presentation and written materials for CLE program on Protecting the Civil and Criminal Rights of Demonstrators sponsored by Albany Law School, the National Lawyers Guild and the AFL-CIO Lawyers Coordinating Committee, April 2003
  • “Civil Rights Liability”, presentation at annual meeting of the County Attorneys Association of the State of New York, Cooperstown, NY, May 1995
  • “New Developments in Municipal Liability in Police Misconduct Cases”, presented CLE seminars sponsored by Albany County Bar Association, May 1990 and October 1991
  • “Due Process in University Disciplinary Procedures”, presentations at annual conferences of the Student Legal Services Section of the National Legal Aid and Defender Association (NLADA), 1984 and 1986

Professional Organizations

  • NYS Bar Association
  • Albany County Bar Association
  • New York State Defenders Association
  • National Lawyers Guild