Advocacy group accuses US appeals court judge of mistreating law clerks

By Nate Raymond

Dec 30 (Reuters) - A non-profit organization that advocates on behalf of law clerks said on Tuesday it had filed a judicial misconduct complaint accusing a federal appeals court judge of mistreating her clerks and creating a "workplace climate characterized by fear, oppressive control, intimidation, humiliation, and bullying."

The Legal Accountability Project alleged that U.S. Circuit Judge Sarah Merriam of the New York-based 2nd U.S. Circuit Court of Appeals has maintained a "culture of fear" in her chambers despite previously pledging to improve workplace conditions following an earlier complaint by a clerk.

Tuesday's complaint was the first filed by the group, which was founded by former law clerk Aliza Shatzman and advocates for better workplace protections for clerks, who are among the judiciary's roughly 30,000 employees.

In a statement, Shatzman said her group has long encouraged mistreated clerks to file complaints themselves, but that clerks have told the organization they refrained out of fear their concerns would not be taken seriously.

"LAP is filing this complaint because it can afford to take the risk that law clerks cannot," Shatzman said.

Merriam and the court's circuit executive did not respond to requests for comment.

The earlier misconduct case became public in March 2024, when the 2nd Circuit Judicial Council upheld an order by Chief U.S. Circuit Judge Debra Ann Livingston resolving a complaint a clerk filed against Merriam in 2022.

Livingston's order did not identify the judge, but the Legal Accountability Project said it concerned Merriam, a former public defender who was elevated from a district court seat in Connecticut to her position on the 2nd Circuit in 2022 by Democratic former President Joe Biden.

The 2022 complaint had alleged abusive and harassing conduct in her treatment of chambers staff. Livingston at the time said an inquiry revealed that other clerks shared similar concerns and viewed the judge's management style as "overly harsh."

The judge in response committed to receiving counseling and training on workplace conduct, informing clerks that they could report concerns to the chief judge, and permitting the court's director of workplace relations to check in with her clerks midway into their terms until August 2025 to ensure compliance.

Despite those commitments, the Legal Accountability Project's complaint said several clerks reported that a toxic work environment persists in Merriam's chambers and that 2nd Circuit officials have failed to act.

The complaint, which was reviewed by Reuters, cited accounts from law clerks who worked for Merriam, including ones who worked for her after the initial complaint was filed, some of whom described working for her as "a nightmare."

The complaint alleged that the judge routinely bullied, belittled, and dehumanized unidentified clerks, exhibiting sudden outbursts and yelling over perceived mistakes.

Clerks reported Merriam's conduct to 2nd Circuit officials, but the court failed to act quickly or adequately, the Legal Accountability Project claimed. The group urged the court to form a special committee to investigate.

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