Federal judge Sarah Merriam of the Second Circuit has been disciplined for the second time, following fresh complaints about the working conditions endured by her law clerks.
The latest disciplinary order, dated April 26 and signed by Chief Judge Debra Ann Livingston, found that the atmosphere in Merriam’s chambers had been described as “both tense and challenging” by clerks who worked there in 2024 and 2025.
Law clerks raised their concerns with the Second Circuit employee responsible for handling workplace conduct issues and also spoke with the circuit executive before deciding how to proceed.
After reviewing their options, which included filing a formal complaint or reporting Judge Merriam directly to the circuit’s chief judge, the clerks chose to speak with their judge directly in June 2025.
This second disciplinary action follows an earlier order issued in December 2023 by the Second Circuit Judicial Council, which reprimanded a then-unnamed judge for creating an “overly harsh” work environment, later identified as Biden appointee Sarah Merriam.
The 2023 remedies were widely regarded as limited in scope, with Merriam agreeing to watch training videos and check in periodically with Chief Judge Livingston, while her clerks were monitored every six months over two years.
Under the terms of the new disciplinary order, Merriam has agreed to continue following the original requirements while also meeting with so-called “advisor judges” on chambers management and attending annual workplace training alongside incoming law clerks.
The Legal Accountability Project, known as LAP, filed its first formal complaint under the Judicial Conduct and Disability Act in December 2025, arguing that officials including Chief Judge Livingston had failed to take sufficient steps to stop the ongoing misconduct.
LAP President and Founder Aliza Shatzman said, “Clearly, Judge Merriam was undeterred after the first disciplinary order was issued in 2023. Perhaps she did not regret her misconduct so much as getting caught again.”
Shatzman added, “This is just further evidence that the judicial complaint process is ineffective and broken. Internal workplace complaints adjudicated by misbehaving judges’ friends and colleagues should not be the sole method of accountability for life-tenured federal judges who interpret our laws.”
LAP has also raised questions about whether Chief Judge Livingston, who investigated the first complaint against Merriam, should have been tasked with adjudicating the second given the potential conflict of interest.
The case has reignited broader debate about transparency and accountability within the federal judiciary, particularly regarding the protections afforded to law clerks who report misconduct by sitting judges.