A nonprofit organization advocating for law clerks, the Legal Accountability Project, has taken an unprecedented step by filing a misconduct complaint against Judge Sarah Merriam of the U.S. Court of Appeals for the Second Circuit. The complaint alleges that Judge Merriam has engaged in a pattern of bullying and mistreatment of law clerks, highlighting significant flaws in the courts' processes for addressing such claims.
The complaint, which has not been reported previously, is based on conversations with multiple former law clerks who expressed concerns over potential retaliation if they came forward publicly. Aliza Shatzman, the president and founder of the Legal Accountability Project, stated, "She is a bully, in all the ways one might bully their employees: yelling, berating clerks, sending all-caps unhinged emails." This description underscores the severity of the allegations against Judge Merriam.
Filed earlier this month, the complaint marks the second public allegation against Judge Merriam in four years. Typically, such complaints remain confidential and are managed internally by the courts to maintain judicial independence and balance of power. However, the Legal Accountability Project aims to bring these issues to light, as previous investigations by NPR have revealed a pervasive culture of fear surrounding the reporting of judicial misconduct.
NPR's extensive investigation uncovered that the courts' internal systems often fail to implement meaningful changes, perpetuating a cycle of abuse. In December 2023, an internal investigation by the Second Circuit's judicial council revealed that a certain unnamed judge exhibited an overly harsh management style. The investigation concluded when the judge agreed to undergo workplace conduct training and counseling. Although the judge was never named, legal commentator David Lat later suggested that it was Judge Merriam.
Shatzman noted that her organization has received reports from clerks in 2024 and 2025 detailing alleged abuses by Judge Merriam. One unnamed clerk quit after just one month due to the reported work environment, while four others declined job offers upon learning about the troubling conditions in her chambers. These incidents highlight a persistent problem within the judiciary, as voiced by the Legal Accountability Project.
As of the latest updates, an email sent to multiple officials at the Second Circuit appeals court has gone unanswered, and a message left for Judge Merriam received no response. A spokesperson for the Administrative Office of the U.S. Courts has also declined to comment on the pending misconduct complaint. Judge Merriam, a former federal public defender and magistrate judge in Connecticut, was nominated by President Joe Biden for a lifetime tenured district court judgeship, confirmed in October 2021, and subsequently elevated to the federal appeals court, with confirmation in September 2022.
The allegations against Judge Merriam signify a critical moment in the ongoing debate about the power imbalance between federal judges and their often inexperienced clerks. Unlike many American workers, law clerks do not benefit from the same job protections, making it increasingly important to address these systemic issues within the judiciary. In response to earlier complaints, the unnamed judge had agreed to have the workplace relations coordinator for the Second Circuit check in with clerks to ensure respectful treatment and a bullying-free environment. However, the recent complaint from the Legal Accountability Project indicates that such concerns within the Second Circuit judiciary are far from resolved.