Mark S. Mishler has lived in Albany since 1981. 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. In solo practice since 2010, Mark maintains a commitment to civil and human rights. Mark's practice is now part-time.

Mark's work in civil cases has resulted in significant settlements or verdicts in cases involving personal injury, police brutality, inadequate medical care for incarcerated persons, employment discrimination (including discrimination based on race, sex and national origin), and public accommodation discrimination. Mark has also obtained trial acquittals or pre-trial dismissals in many criminal cases, including felony and misdemeanor cases.

Since 2019, Mark has also served as Counsel and Legislative Director for NYS Senator Julia Salazar (18th Senate District, Brooklyn/Queens). She is the Chair of the Senate Committee on Crime Victims, Crime & Correction. Senator Salazar is a strong advocate for meaningful change in the criminal legal system, for action to address climate change, and for the rights and empowerment of tenants, women, incarcerated persons, immigrants, the LGBTQ community, and workers.

Court Admissions:

• Massachusetts: 1981 (on retired status)
• 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:

• Perspectives on Dismantling White Supremacy, guest lecturer, in Prof. Robert L. Miller, Jr.’s Cultural Diversity in Social Work class in the University at Albany School of Social Welfare, 2020.
• Know Your Rights, presenter on the rights of activists at Power of the People, Reclaiming Our Criminal Justice System community forum sponsored by Indivisible CD19, August 2020.
• Representing Racial Justice Activists, presenter at CLE on Movement Lawyering sponsored by Albany Law School, BALSA, LALSA, the Legal Project, and the Albany NLG, June 2020.
• Reflections on Movement Lawyering, guest lecturer, in Prof. Sarah Rogerson’s Movement Lawyering class at Albany Law School, 2019, 2020.
• Police Brutality and Accountability in the United States, presenter at seminar for scholars from 18 countries as part of U.S. Foreign Policy Summer Institute hosted by Bard College, July 2018
• Children are systematically dehumanized, criminalized, and harmed by our legal system and it is up to us to take action, presenter at Symposium on “Cracks in the Constitution: Broken Windows Policing and the Criminalization of Children”, sponsored by Albany Government Law Review, Albany Law School, March 2018
• Introduction to Civil Rights Law and Practice, presenter at training for new legal services attorneys. Legal Aid Society of Northeastern NY, Albany, August 2017.
• Creative and Informed Representation of Activists in Criminal Cases, presenter at Conference on “Advocacy and Activism”. Albany Law School, February 2017.
• Zealous Lawyering in Difficult Times, panelist with Prof. Margaret Burnham and Barbara Smith, at Conference on “Advocacy and Activism”. Albany Law School, February 2017.
• Impact of New Executive Orders - Q & A Forum for the Muslim Community, panelist. Muslim Community Center of the Capital District, Schenectady, NY. February 2017.
• Mass Incarceration, guest lecturer, University at Albany. Sociology of Deviance course, Sociology Department. 2016, 2017, and 2018.
• The Anti-Racist Imperative: Solidarity, Transformation, Self-Interest, Hope and Action. Presentation at forum on White Anti-Racism: A Conversation for Everyone, part of the Racial Justice - A Transformative Conversation Series sponsored by the UAlbany Office of Diversity and Inclusion, the Departments of Africana Studies and Women’s, Gender, and Sexuality Studies, and Albany Law School. November 2015.
• 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, presenter, NYS Bar Association CLE Seminar on Employment Law, Albany, NY, June 2011
• False Arrest and Excessive Force, presenter, NYS Bar Association CLE seminar on Suing and Defending Municipalities: Law, Procedure and Ethics, Albany, NY, November 2004
• Defenses / Motions to Dismiss, presenter, 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, presenter, 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