A Judge Under Fire: Clerks Speak Out Against Alleged Abuse

The Legal Accountability Project, a group supporting law clerks, has filed a rare public complaint against Judge Sarah Merriam of the U.S. Court of Appeals for the Second Circuit.

Allegations of Bullying and Harassment

• Multiple former clerks have shared experiences with the group.
• Fear of retaliation prevents them from speaking out publicly.
• Aliza Shatzman, president of the Legal Accountability Project, describes the judge's behavior as bullying.
• Incidents include yelling, harsh criticism, and aggressive emails sent in all caps.

Previous Allegations and Investigations

• In 2023, an internal investigation found an unnamed Second Circuit judge had an overly harsh management style.
• The judge agreed to watch workplace conduct videos and receive counseling.
• Legal commentator David Lat later identified the judge as Merriam.

Current Complaint and Impact

• Clerks report feeling intimidated and uncomfortable in the judge's workplace.
• One clerk quit after just a month on the job.
• Others withdrew from offers after learning about the work environment.

Lack of Response and Background

• Court officials have not responded to requests for comment.
• Judge Merriam, nominated by President Joe Biden, has not addressed the allegations.
• She previously served as a federal public defender and a magistrate judge in Connecticut.

Power Imbalance and Job Protections

• The power imbalance between judges and clerks is a known issue.
• Clerks often lack the job protections that other workers have.
• The complaint suggests that concerns of clerks on the Second Circuit are not being adequately addressed.