Allegations of Bullying Surface Against Second Circuit Judge Sarah Merriam
A nonprofit organization advocating for law clerks has filed a misconduct complaint against Judge Sarah Merriam of the U.S. Court of Appeals for the Second Circuit. The complaint alleges repeated instances of bullying behavior, raising serious questions about the treatment of law clerks within the federal judiciary.
Why It Matters
This complaint shines a light on a broader issue regarding the power dynamics between federal judges and their clerks, often young professionals without the robust job protections available in other sectors. The findings could potentially impact the working environment within the federal courts and initiate discussions on necessary reforms to protect clerks.
Key Developments
- The Legal Accountability Project lodged a misconduct complaint against Judge Merriam, detailing claims from former clerks about her harsh treatment, including yelling and sending aggressive emails.
- Several former clerks expressed concerns about retaliation, leading them to remain anonymous in the complaint.
- This is not the first time Merriam has faced scrutiny; there was a prior investigation into a judge with a similar management style as hers.
- Notably, allegations have surfaced about an unnamed clerk quitting after only one month, with others withdrawing from offers to work for Merriam.
Full Report
Details of the Complaint
The Legal Accountability Project submitted its complaint against Judge Sarah Merriam earlier this month. This filing was based on testimonies from multiple ex-law clerks who described a hostile work atmosphere. Aliza Shatzman, president of the Legal Accountability Project, characterized Merriam’s behavior as bullying, citing instances of yelling, berating staff, and sending confrontational emails.
The complaint is significant as it marks the second known public allegation against Merriam in a four-year span. Generally, such complaints remain internal and are rarely disclosed to the public, allowing the judicial system to regulate itself.
Internal Investigation History
In December 2023, an internal review by the Second Circuit’s judicial council found evidence of an "overly harsh" management style from an unnamed judge. This investigation concluded once the judge agreed to undergo training on managing staff conduct. Legal analyst David Lat reported in 2024 that this unnamed judge was likely Merriam, aligning with the recent claims from the Legal Accountability Project.
Reactions and Aftermath
Following the new complaint, Shatzman revealed that she has received reports from clerks throughout 2024 and 2025 concerning Merriam’s alleged bullying. One clerk reportedly resigned after just one month, and at least four others rescinded their job offers after hearing about the work environment.
As of now, no comments have been made by officials at the Second Circuit regarding the complaint, and Judge Merriam has not responded to inquiries. The Administrative Office of the U.S. Courts has also declined to provide any remarks on pending misconduct allegations.
Context & Previous Events
Concerns regarding Judge Merriam’s management style echo findings from a December 2023 investigation into another judge from the Second Circuit. That inquiry highlighted negative workplace behavior and concluded with the judge agreeing to participate in workplace conduct training. Prior discussions have centered on the imbalance of power within the judiciary, particularly concerning the treatment and protections of law clerks, an issue highlighted anew by the Legal Accountability Project’s complaint.
