{"id":12106,"date":"2025-12-30T15:08:06","date_gmt":"2025-12-30T15:08:06","guid":{"rendered":"https:\/\/readtrends.com\/en\/merriam-bullying-clerks\/"},"modified":"2025-12-30T15:08:06","modified_gmt":"2025-12-30T15:08:06","slug":"merriam-bullying-clerks","status":"publish","type":"post","link":"https:\/\/readtrends.com\/en\/merriam-bullying-clerks\/","title":{"rendered":"Nonprofit Accuses Judge Sarah Merriam of Bullying Clerks"},"content":{"rendered":"<article>\n<h2>Lead<\/h2>\n<p>A nonprofit, the Legal Accountability Project, filed a misconduct complaint earlier this month alleging that U.S. Court of Appeals Judge Sarah Merriam bullied and mistreated law clerks in the Second Circuit. The filing, based on conversations with multiple former clerks who said they feared retaliation, says one clerk resigned after a month in 2025 and four others withdrew offers. The complaint follows a December 2023 internal inquiry in the Second Circuit that found an unnamed judge had an &#8220;overly harsh&#8221; management style and underscores broader concerns about how courts handle misconduct claims.<\/p>\n<h2>Key Takeaways<\/h2>\n<ul>\n<li>The Legal Accountability Project filed a formal complaint against Judge Sarah Merriam in December 2025, citing interviews with several former clerks who allege abusive conduct.<\/li>\n<li>The nonprofit says this is the second publicly known complaint involving Merriam in the last four years; most misconduct complaints are handled privately by the courts.<\/li>\n<li>An internal Second Circuit investigation in December 2023 found an unnamed judge displayed an &#8220;overly harsh&#8221; management style; the judge agreed to watch workplace conduct training and receive counseling.<\/li>\n<li>The group reports one clerk quit after one month in 2025 and four others declined offers after learning about the chambers environment.<\/li>\n<li>Attempts to reach Judge Merriam and multiple Second Circuit officials went unanswered; the Administrative Office of the U.S. Courts declined to comment on the pending complaint.<\/li>\n<li>NPR&#8217;s nearly year-long reporting found a pervasive reluctance among clerks to report judges and concluded internal systems often fail to produce meaningful change.<\/li>\n<\/ul>\n<h2>Background<\/h2>\n<p>Federal law clerks typically work closely with judges and are often in their mid-20s to early 30s, creating a sharp power imbalance in workplace relationships. Clerks generally serve short, prestigious terms but lack many of the employment protections common elsewhere, such as collective bargaining or robust whistleblower safeguards. That structural vulnerability has produced ongoing debates about how best to protect clerks from retaliation or mistreatment while preserving judicial independence.<\/p>\n<p>Misconduct complaints in the federal judiciary are usually routed through internal channels\u2014judicial councils and the Administrative Office of the U.S. Courts\u2014partly to preserve the separation of powers and the courts&#8217; autonomy. Because most investigations are confidential, critics say patterns of behavior can go unaddressed publicly and that remedies may be limited to informal measures, such as training or counseling.<\/p>\n<h2>Main Event<\/h2>\n<p>The Legal Accountability Project submitted a misconduct complaint this month alleging Judge Sarah Merriam engaged in bullying behavior toward clerks, including shouting, berating staff, and sending aggressive all-caps emails, according to the group&#8217;s president, Aliza Shatzman. The complaint said it relies on multiple former clerks who asked the nonprofit to file on their behalf to reduce fear of retaliation. The organization says one unnamed clerk resigned after a month in 2025 and that four prospective clerks withdrew offers once they learned about the chambers environment.<\/p>\n<p>The filing is noteworthy because public complaints against federal appeals court judges are rare; most are resolved internally and not disclosed. A December 2023 judicial council inquiry on the Second Circuit found an unnamed judge had an &#8220;overly harsh&#8221; management style and resolved after the judge agreed to view workplace-conduct training and undergo counseling. A 2024 report by legal commentator David Lat publicly suggested that judge was Merriam, a claim the current complaint echoes in substance if not in every detail.<\/p>\n<p>Efforts to obtain comment from Judge Merriam and Second Circuit officials were unsuccessful; messages went unanswered and court spokespeople typically decline to discuss pending misconduct matters. The Administrative Office of the U.S. Courts likewise declined to comment on the record about this specific complaint. If pursued, the complaint could prompt interviews with former clerks and a response from the judge under the Second Circuit&#8217;s internal procedures.<\/p>\n<h2>Analysis &#038; Implications<\/h2>\n<p>At stake is the balance between preserving judicial independence and ensuring accountability for workplace conduct. When investigations are confidential and remedies limited to counseling or training, critics argue that habitual problems can persist and deter talented applicants from seeking clerkships. The allegations against Merriam, if substantiated, could strain recruitment for her chambers and prompt broader scrutiny of how appellate courts monitor supervisory behavior.<\/p>\n<p>The publicity around this complaint may also pressure courts to rethink transparency norms. Publicizing the existence of complaints\u2014even without detailed findings\u2014can increase scrutiny and may encourage reforms such as clearer reporting channels, stronger anti-retaliation protections for clerks, or the appointment of independent investigators. However, change faces institutional resistance because many judges and court administrators emphasize internal resolution to protect judicial function and separation of powers.<\/p>\n<p>Practically, possible outcomes range from dismissal of the complaint to informal remedies (training, counseling) or formal disciplinary steps by a judicial council, which could include admonition or other sanctions. Any formal process would likely take months and remain constrained by confidentiality rules that limit public detail about findings and corrective measures.<\/p>\n<h2>Comparison &#038; Data<\/h2>\n<figure>\n<table>\n<thead>\n<tr>\n<th>2023 Internal Inquiry<\/th>\n<th>2025 Legal Accountability Project Complaint<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Found &#8220;overly harsh&#8221; management; judge agreed to training and counseling<\/td>\n<td>Alleges bullying, all-caps emails, and swift departures\/withdrawals by clerks<\/td>\n<\/tr>\n<tr>\n<td>Investigation kept internal; judge unnamed publicly<\/td>\n<td>Formal complaint filed publicly by nonprofit on behalf of anonymous clerks<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/figure>\n<p>The table highlights continuity: similar behavioral descriptions appear in both matters, but the 2023 matter was handled internally and the 2025 filing is a public push for accountability. Quantitatively, the nonprofit cites one clerk resignation after one month and four withdrawn offers; those figures, while limited, indicate an immediate recruitment impact in Merriam&#8217;s chambers.<\/p>\n<h2>Reactions &#038; Quotes<\/h2>\n<blockquote>\n<p>&#8220;She is a bully, in all the ways one might bully their employees: yelling, berating clerks, sending all-caps unhinged emails.&#8221;<\/p>\n<p><cite>Aliza Shatzman, Legal Accountability Project (nonprofit)<\/cite><\/p><\/blockquote>\n<p>The nonprofit&#8217;s president summarized the posture of multiple former clerks who said they feared identifying themselves. The quote encapsulates the complaint&#8217;s central allegation and the reasons many clerks rely on third parties to press charges.<\/p>\n<blockquote>\n<p>&#8220;[The judicial council] would &#8216;check in&#8217; with clerks to make sure they had been treated with respect and were free from abusive conduct.&#8221;<\/p>\n<p><cite>Second Circuit judicial council (internal report)<\/cite><\/p><\/blockquote>\n<p>That phrasing reflects the remedy used to address a related 2023 inquiry: monitoring and outreach rather than public sanction. The approach illustrates the council&#8217;s preference for remedial engagement over public disciplinary action.<\/p>\n<h2>\n<aside>\n<details>\n<summary>Explainer: How judicial misconduct complaints work<\/summary>\n<p>Federal judicial misconduct complaints are governed by a statutory and internal framework that routes allegations through circuit judicial councils and the Administrative Office of the U.S. Courts. Complaints can allege misconduct or disability but not that a judge made a wrong legal ruling. Investigations are usually confidential; councils may dismiss complaints, order corrective steps such as training or counseling, or recommend impeachment in extreme cases. Because councils are composed of judges, critics say the system can favor internal resolution over public accountability, and clerks often lack independent channels with strong anti-retaliation protections.<\/p>\n<\/details>\n<\/aside>\n<\/h2>\n<h2>Unconfirmed<\/h2>\n<ul>\n<li>Whether the December 2023 Second Circuit inquiry formally named Judge Merriam remains unconfirmed in public records.<\/li>\n<li>Specific emails or messages described as &#8220;all-caps unhinged emails&#8221; in the complaint have not been publicly released for independent verification.<\/li>\n<li>The full list of clerks interviewed by the Legal Accountability Project and the precise details of their accounts have not been made public.<\/li>\n<\/ul>\n<h2>Bottom Line<\/h2>\n<p>The Legal Accountability Project&#8217;s complaint elevates questions about workplace conduct in appellate chambers and the effectiveness of the judiciary&#8217;s internal oversight. The allegations against Judge Merriam echo concerns surfaced in a 2023 inquiry, underscoring a potential pattern that current confidential remedies may not fully address.<\/p>\n<p>For clerks, the filing could prompt greater awareness and caution in accepting offers; for courts, it increases pressure to balance confidentiality, judicial independence, and meaningful accountability. The Second Circuit&#8217;s next steps\u2014whether interviews, informal remedies, or a formal finding\u2014will shape both Merriam&#8217;s chambers and the broader debate over how the federal judiciary polices itself.<\/p>\n<h2>Sources<\/h2>\n<ul>\n<li><a href=\"https:\/\/www.npr.org\/2025\/12\/30\/g-s1-103922\/judge-complaint-clerk-legal-accountability\" target=\"_blank\" rel=\"noopener\">NPR<\/a> (news reporting; December 30, 2025)<\/li>\n<li><a href=\"https:\/\/legalaccountabilityproject.org\" target=\"_blank\" rel=\"noopener\">Legal Accountability Project<\/a> (nonprofit petitioning on behalf of clerks)<\/li>\n<li><a href=\"https:\/\/www.uscourts.gov\" target=\"_blank\" rel=\"noopener\">U.S. Courts \/ Administrative Office<\/a> (official federal judiciary resource)<\/li>\n<\/ul>\n<\/article>\n","protected":false},"excerpt":{"rendered":"<p>Lead A nonprofit, the Legal Accountability Project, filed a misconduct complaint earlier this month alleging that U.S. Court of Appeals Judge Sarah Merriam bullied and mistreated law clerks in the Second Circuit. The filing, based on conversations with multiple former clerks who said they feared retaliation, says one clerk resigned after a month in 2025 &#8230; <a title=\"Nonprofit Accuses Judge Sarah Merriam of Bullying Clerks\" class=\"read-more\" href=\"https:\/\/readtrends.com\/en\/merriam-bullying-clerks\/\" aria-label=\"Read more about Nonprofit Accuses Judge Sarah Merriam of Bullying Clerks\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":12098,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"rank_math_title":"Judge Sarah Merriam Accused of Bullying Clerks \u2014 NewsBrief","rank_math_description":"A Legal Accountability Project complaint alleges Second Circuit Judge Sarah Merriam bullied law clerks, spotlighting how the federal judiciary often handles misconduct privately.","rank_math_focus_keyword":"Sarah Merriam,Second Circuit,law clerks,judicial misconduct,Legal Accountability Project","footnotes":""},"categories":[2],"tags":[],"class_list":["post-12106","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-stories"],"_links":{"self":[{"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/posts\/12106","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/comments?post=12106"}],"version-history":[{"count":0,"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/posts\/12106\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/media\/12098"}],"wp:attachment":[{"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/media?parent=12106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/categories?post=12106"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/readtrends.com\/en\/wp-json\/wp\/v2\/tags?post=12106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}