On December 18, 2025, The Legal Accountability Project (LAP) filed a new Judicial Conduct and Disability Act complaint against Second Circuit Judge Sarah Merriam, marking the second such complaint in less than four years against her for similar allegations. This unprecedented move highlights ongoing concerns about the treatment of law clerks in her office, despite a previous public reprimand.

In response to the first complaint in 2023, Chief Judge Debra Livingston issued a disciplinary order prescribing minimal corrective actions, such as training videos and periodic check-ins, which were criticized for their ineffectiveness. Despite these measures, alarming reports continued to surface. Clerks have described the work environment in Merriam’s chambers as hostile, toxic, and even worse following the initial reprimand.

The LAP’s complaint details various forms of alleged mistreatment by Judge Merriam, including bullying, belittling, and sending erratic communications to her clerks. This behavior reportedly created an emotionally volatile office atmosphere, contrary to the judiciary's stated standards of workplace conduct.

Moreover, the complaint accuses judiciary officials, including the Director of Workplace Relations (DWR) and the Circuit Executive, of failing to act on these ongoing issues, despite being aware of them for over a year. This alleged inaction has raised serious concerns about the efficacy and transparency of the judicial complaint process.

Shockingly, the federal judiciary's own reports reveal a significant discrepancy between the number of misconduct incidents and the few formal complaints filed by clerks, suggesting a systemic issue with reporting and addressing judicial misconduct. The LAP argues that the lack of legal protections against retaliation for clerks contributes to this underreporting.

The current complaint not only seeks to address Judge Merriam’s conduct but also calls for her clerks to be immediately reassigned to protect them during the investigation. This case underscores the broader issue of accountability within the judiciary and the need for substantial reform to protect those within the system from abuse of power.

This ongoing situation poses profound questions about the judicial system’s commitment to maintaining a respectful and safe working environment, as well as the mechanisms in place to enforce this commitment. As the judiciary and Congress continue to grapple with these issues, the public's trust in the legal system hangs in the balance. The outcome of this complaint could be a pivotal moment for judicial accountability in the United States.