NY Supreme Court justice accused of ‘racial prejudice’

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An Erie County lawyer who was found in contempt of court and fined $1,000 by state Supreme Court Justice Alex R. Renzi, is accusing Renzi of “racial prejudice” and has asked an administrative judge to step in.

Attorney Mark Overall filed a petition seeking to vacate the judgment ordered on Dec. 8 be vacated “on grounds that it was arbitrary and capricious and not supported by substantial evidence.”

Overall violated a protective order issued on June 1, 2023, by Monroe County Court Judge Meredith Vacca in the case of defendant Rodney Jasper, by including the names of witnesses in a motion filed with the Monroe County Clerk.

Overall claims he complied with the order by not naming the witnesses in court but was unaware of any other restrictions.

In court papers, Overall claims that including the names in the motions filed with the clerk would not reveal the names of the witnesses because documents in the case were under a protective order and would only be released by a court order.

“This cannot be tolerated. The protective order that came before Judge Vacca was very detailed about the safety and security of these witnesses and the fear that they have from this individual,” Renzi said when he imposed the fine in December.

Renzi told Overall in court that ignorance of the law was not a defense.

“However, when it comes to a protective order, it actually is a defense, which is why defendants have to sign the orders acknowledging receipt and agreeing to comply with them,” Overall wrote.

“At the time of the motion filing, I did not know of the contents of the protective order, and I was not even admitted to practice law in New York when it was entered,” wrote Overall.

Overall, a graduate of Southern University Law Center, was admitted to practice in New York state in June 2023.

“Unfortunately, I believe the $1,000 fine was really due to racial prejudice,” Overall wrote.

He wrote that another attorney who had previously represented Jasper disclosed to Jasper the names and addresses of the witnesses, but that attorney was not found in contempt.

“The Court only did so with me,” he wrote.

But Overall also wrote: “Candidly, counsel must admit that since this Dec. 8, 2023, hearing, counsel has not felt any animus or disrespect from the Court.”

Overall also wrote in a petition for special administrative relief that his clients claimed they heard Renzi say in open court: “This is why I don’t like Black people.”

“Almost immediately court staff advised Judge Renzi that his microphone was turned on and he allegedly replied: “I know,” Overall wrote.

Overall wrote that he is “in the midst of obtaining statements from the individuals present in court that day, as well as others who have expressed to (him) that they, too, have felt a racial bias while being in Judge Renzi’s courtroom.”

“While I cannot speak definitively to every other person’s subjective experiences, I can state that, as a Black attorney who has appeared before Judge Renzi, I have felt a racial bias coming from him,” Overall wrote.

“He has made very disparaging and condescending remarks towards me, he has attempted to undermine my effectiveness and credibility in front of clients, and he routinely looks away when addressing me as if I am not worthy of being looked into my eyes when he speaks to me,” Overall wrote.

“Consequently, I am asking the Administrative Judge to have all matters currently being handled by Judge Renzi to be reassigned to another court,” Overall wrote.

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