A nonprofit advocacy group for judicial law clerks said Tuesday that it has filed a judicial misconduct complaint accusing a U.S. appeals court judge of mistreating her clerks and fostering a hostile workplace environment.
The Legal Accountability Project alleged that U.S. Circuit Judge Sarah Merriam of the New York-based U.S. Court of Appeals for the Second Circuit created a chambers culture marked by fear, intimidation, and humiliation, despite previously pledging to improve working conditions after an earlier complaint.
The complaint marks the first misconduct filing by the Legal Accountability Project, an organization founded by former law clerk Aliza Shatzman that advocates for stronger workplace protections for law clerks, who make up a portion of the federal judiciary’s roughly 30,000 employees.
In a statement, Shatzman said the organization decided to file the complaint because clerks have told the group they were reluctant to come forward themselves, fearing retaliation or that their concerns would not be taken seriously.
“The Legal Accountability Project is filing this complaint because it can afford to take the risk that law clerks cannot,” Shatzman said.
Judge Merriam and the Second Circuit’s circuit executive did not immediately respond to requests for comment.
The prior misconduct matter became public in March 2024, when the Second Circuit Judicial Council upheld an order by Chief U.S. Circuit Judge Debra Ann Livingston resolving a complaint filed by a law clerk in 2022. While Livingston’s order did not identify the judge, the Legal Accountability Project said it involved Merriam.
Merriam was elevated to the Second Circuit in 2022 after serving as a federal district judge in Connecticut, following her appointment by former President Joe Biden.
The 2022 complaint alleged abusive and harassing conduct toward chambers staff. At the time, Livingston said an inquiry found that other clerks shared similar concerns and described Merriam’s management style as overly harsh.
As part of the resolution, Merriam agreed to receive counseling and training on workplace conduct, inform clerks that concerns could be reported to the chief judge, and allow the court’s director of workplace relations to conduct midterm check-ins with her clerks through August 2025.
Despite those measures, the Legal Accountability Project said in its new complaint that clerks reported the same issues continued and that court officials failed to intervene.
The complaint, which was reviewed by Reuters, cited accounts from clerks who worked for Merriam, particularly during the 2024 to 2025 term. Some described their experience as traumatic and the worst professional experience of their careers.
The filing alleged that the judge routinely bullied and belittled clerks, engaged in sudden outbursts, and yelled at staff over perceived mistakes.
According to the group, clerks raised concerns with Second Circuit officials, but the court did not respond in a timely or effective manner. The Legal Accountability Project urged the court to appoint a special committee to investigate the allegations.
