On Tuesday, December 30, 2025, NPR reported that the Legal Accountability Project, a nonprofit advocating for law clerks, filed a misconduct complaint against Judge Sarah Merriam of the U.S. Court of Appeals for the 2nd Circuit. The complaint alleges a pattern of bullying and mistreatment of law clerks and criticizes the existing system for addressing such claims within the judiciary.

Aliza Shatzman, president and founder of the Legal Accountability Project, stated that the complaint is based on conversations with multiple former law clerks who are afraid to come forward themselves due to fear of retaliation. Shatzman described Merriam’s alleged behavior as that of a bully, including yelling, berating clerks, and sending aggressive emails.

The complaint, which was reviewed by NPR, marks the second publicly known complaint against Merriam in the past four years. Typically, such complaints are handled internally by the courts to maintain the judiciary’s independence and balance of power.

NPR’s investigation, spanning nearly a year, revealed a culture of fear surrounding the reporting of judges and highlighted the ineffectiveness of the courts’ internal system in bringing about meaningful change.

In December 2023, an internal investigation by the 2nd Circuit’s judicial council found evidence of an unnamed judge exhibiting an “overly harsh” management style. The investigation concluded after the judge agreed to undergo workplace conduct training and receive counseling on staff management.

Legal commentator David Lat reported in 2024 that Merriam was the judge in question. The findings of that initial investigation are similar to the examples cited in the Legal Accountability Project’s recent complaint.

Shatzman stated that she has received reports from clerks in 2024 and 2025 detailing alleged abuses by Merriam. According to the Legal Accountability Project, an unnamed clerk resigned after only one month on the job this year, and four others withdrew their offers to work for the judge after learning about the work environment.

NPR’s attempts to reach officials at the 2nd Circuit appeals court and Judge Merriam for comment were unsuccessful. A spokesman for the Administrative Office of the U.S. Courts declined to comment, citing the pending nature of misconduct complaints.

Merriam previously served as a federal public defender and a magistrate judge in Connecticut. President Joe Biden nominated her to a District Court judgeship, where she was confirmed in October 2021, and subsequently promoted her to the federal appeals court, confirmed in September 2022.

The concerns surrounding Merriam underscore the ongoing debate regarding the power dynamics between federal judges and their clerks, who often lack the job protections afforded to most American workers.

To address the earlier complaint, the unnamed judge agreed to have the 2nd Circuit’s workplace relations coordinator conduct “check-ins” with clerks to ensure respectful treatment and freedom from abusive conduct. However, the recent complaint from the Legal Accountability Project suggests that these concerns persist among clerks in the 2nd Circuit.

The filing of this complaint may lead to interviews with individuals who have worked for the judge and a formal response from the judge herself.

 

 

Source: NPR