MARY LOUISE KELLY, HOST:
A nonprofit group that advocates for law clerks is alleging a judge, Sarah Merriam, bullies and mistreats clerks. Now, this is a rare step to file a misconduct complaint against a federal appeals court judge. It is also the latest flashpoint in a debate about whether the federal courts can police themselves. NPR's Carrie Johnson has been reporting on that issue, so we've asked her to come tell us more. Hi, Carrie.
CARRIE JOHNSON, BYLINE: Hi there.
KELLY: OK. Tell us more. What do we know about this judge?
JOHNSON: Judge Sarah Merriam's an appeals court judge on the 2nd Circuit. That's a very prestigious job with life tenure. She was actually nominated by President Joe Biden and previously served as a district court judge and a magistrate in Connecticut. Earlier in her career, she worked as a federal public defender. But I've also learned about some concerns about her behavior in chambers toward her law clerks. A group called The Legal Accountability Project filed a formal complaint based on conversations with her former clerks. Aliza Shatzman is founder of that project.
ALIZA SHATZMAN: We are filing this complaint because we can shoulder risks that, frankly, many law clerks perceive they cannot. But I hope that clerks will learn about this complaint and feel empowered to come forward to file complaints themselves.
JOHNSON: Shatzman says she's heard of the judge yelling, issuing all-caps emails. She says one clerk quit after only one month on the job. And at least four others got offered jobs there as clerks but then withdrew, apparently because they heard problems about the workplace through the whisper network.
KELLY: The response from the court to this complaint is what, Carrie?
JOHNSON: There is no response from the judge herself or from officials in the 2nd Circuit Appeals Court. And a judiciary spokesman here in D.C. has declined comment. The courts actually manage themselves. It's part of their tradition of independence and the separation of powers. But this case is interesting, in part because this project says Judge Merriam is the subject of a previous complaint. There's a public order from 2023 that does not name this judge but seems to match details in the new filing from The Legal Accountability Project. That investigation found the judge had an overly harsh management style. Officials closed the investigation after the judge agreed to watch workplace videos and receive some counseling.
KELLY: Just fill in a little bit of the context here for us. The misconduct process in the federal courts, how is it supposed to work?
JOHNSON: Filing a formal complaint is very rare. Only a few of them are filed every year even though there are hundreds of federal judges. Law clerks are wary because they fear retaliation. They really can't report bullying or abusive conduct without that getting back to the judge, and that could destroy their legal careers. Federal judges have so much power, especially over clerks. And people who work in the federal courts don't have the same employment protections other Americans do. Again, Aliza Shatzman.
SHATZMAN: Federal judges are exempt from antidiscrimination laws. So in most other workplaces, if you are mistreated in this way, you can sue your harasser.
JOHNSON: And that's worth emphasizing. The federal courts are exempt from Title VII antidiscrimination laws. So people who work there generally cannot sue over mistreatment on the job. They have to use the court's internal process to complain and try to seek justice. And our NPR investigation this year found problems with that process.
KELLY: So, Carrie, where does this situation go from here?
JOHNSON: If the 2nd Circuit Court decides to proceed with an investigation, it might interview current and former law clerks and maybe other people in the courthouse or chambers. Shatzman and other advocates for clerks have been trying for years to get Congress to expand workplace protections for people who work for the courts. So far, that's gone nowhere in Congress. And judges can only be removed from office if they're impeached. That hardly ever happens. But in a few recent cases, judges have been pressured to resign or retire. That's what happened with a federal judge in Alaska who allegedly created a sexualized environment with his clerks. He resigned and has since been disbarred.
KELLY: NPR's Carrie Johnson. Thank you, Carrie.
JOHNSON: Thank you. Transcript provided by NPR, Copyright NPR.
NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.
