Nonprofit files misconduct complaint against federal judge : NPR

A nonprofit advocacy group took the rare step of filing a complaint alleging misconduct by a federal appeals court judge, alleging that she bullies and mistreat court clerks and that the judicial process for dealing with such claims is broken.

The Legal Accountability Project's complaint against Judge Sarah Merriam of the U.S. Court of Appeals for the Second Circuit says it is based on conversations with several former lawyers who fear retaliation if they come forward.

“She's a bully in every way you can bully your employees: screaming, berating clerks, sending crazy emails in all caps,” said Aliza Schatzman, president and founder of the Legal Accountability Project.

The Legal Liability Project complaint, which has not previously been reported, was filed earlier this month and reviewed by NPR. The group says this is the second publicly known complaint against Merriam in four years. Such complaints are usually not published. Instead, they tend to be dealt with domestically by the courts, which exercise their own oversight, in part to protect judicial independence and the balance of power.

Almost year-long investigationNPR found a culture of fear about judges blowing the whistle and concluded that the courts' internal system often fails to produce meaningful change.

In December 2023 internal investigation In an unnamed Second Circuit judge, the court's Judicial Council found evidence that the judge had an “overly tough” management style. The investigation concluded after the judge agreed to watch videos of workplace behavior and receive advice on how to manage staff in his chambers.

The investigation never named the judge, but report Legal commentator David Lat stated in 2024 that the judge in question was Merriam. The results of this initial investigation are reminiscent of examples cited in a recent complaint against Merriam by the Legal Accountability Project.

Schatzman of the Legal Accountability Project said she heard from clerks in 2024 and 2025 who spoke about alleged abuses by Merriam, including an unnamed clerk who quit this year after just one month on the job. Four others turned down offers to work for the judge, apparently after learning about the working conditions, the nonprofit group said.

An email to several officials at the Second Circuit Court of Appeals had not been responded to by press time. A message left for Judge Merriam also went unanswered. A spokesman for the Administrative Office of the US Courts declined to comment. Court officials typically decline to comment on misconduct complaints while they are pending.

Merriam is a former federal public defender and longtime Connecticut magistrate judge. President Joe Biden nominated her to a lifetime position as a district court judge, where she was confirmed in October 2021. He then nominated her to the federal appeals court, to which she was confirmed in October 2021. September 2022.

Concerns about Merriam represent the latest flashpoint in a long-running debate about the imbalance of power between federal judges and the often young clerks who work for them. People who work in the courts do not enjoy the same job security as most other American workers.

To resolve the earlier complaint, the unnamed judge agreed that the Second Circuit's labor relations coordinator would “review” clerks to ensure they were treated with respect and did not engage in abusive behavior.

However, a recent complaint from the Legal Accountability Project suggests Second Circuit clerks' concerns persist.

Filing a complaint could prompt Second Circuit court officials to interview people who worked for the judge and seek answers from the judge herself.