Quinnipiac University law professor Sarah Russell has devoted her career to advocating for the rights of the indigent. She has now been nominated to a seat on the federal bench in Connecticut.

Background

Born in Boston in 1976, Sarah French Russell received a Bachelor of Arts degree magna cum laude from Yale College in 1998 and her Juris Doctor from Yale Law School in 2002. After graduating law school, she clerked for Judge Michael Mukasey on the U.S. District Court for the Southern District of New York and then for U.S. Court of Appeals Judge Chester Straub on the Second Circuit, before joining the Office of the Federal Public Defender in New Haven, Connecticut. In 2007, Russell moved to academia as a Scholar in Law at Yale Law School. Since 2011, Russell has been a Professor at Quinnipiac University School of Law.

History of the Seat

Russell has been nominated to a vacancy on the U.S. District Court for the District of Connecticut opened by Judge Sarah Merriam’s elevation to the U.S. Court of Appeals for the Second Circuit on September 28, 2022.

Legal Career

Russell started her legal career as a federal public defender in Connecticut representing indigent defendants. While in this role, Russell notably argued against now Second Circuit Judge William Nardini that her client’s prior Connecticut conviction for distribution of a controlled substance counted as a “controlled substance offense” for federal sentencing purposes. See United States v. Savage, 542 F.3d 959 (2d Cir. 2008). The Second Circuit agreed with Russell that the record for the prior plea was insufficient to establish that he had plead guilty to a controlled substance offense. See id. at 967.

In 2007, Russell shifted to academia. First at Yale University and then at Quinnipiac University, Russell supervised clinical work relating to civil cases that run collateral to criminal ones, including prison conditions and reentry. Notably, Russell argued the first case in the nation to strike down the Bureau of Prisons process for imposing reimprisonment on those on home confinement, finding that the procedure violated Due Process rights. See Tompkins v. Pullen, No. 3:22-CV-00339, 2022 WL 3212368 (D. Conn. Aug. 9, 2022). In another notable case, Russell secured a ruling that requiring a Muslim inmate to be subjected to non-emergency pat searches from male employees. See Forde v. Baird, 720 F. Supp.2d. 170 (D. Conn. 2010).

Political Activity

Russell has been a frequent donor to Democratic candidates, including Gov. Ned Lamont and DNC Chair Jaime Harrison.

Writings

As an academic, Russell has particularly focused on issues of criminal sentencing, on which she has written extensively. See, e.g., Sarah F. Russell, Second Looks at Sentences Under the First Step Act, 32 Fed. Sent. R. 76 (2019). Notably, Russell has criticized the use of “recividist enhancements” or mechanisms in sentencing guidelines that enhance a sentence based on prior criminal history. See Sarah French Russell, Rethinking Recidivist Enhancements: The Role of Prior Drug Convictions in Federal Sentencing, 43 UC Davis L. Rev. 1135 (2010) (available at https://lawreview.law.ucdavis.edu/issues/43/4/articles/43-4_russell.pdf). In the article, Russell suggests that the enhancements are not justified by traditional sentencing criteria, and can lead to significant sentencing disparities. See id. at 1142.

Overall Assessment

Given her extensive experience as an advocate and an academic, there is plenty in Russell’s background to draw opposition during the confirmation process. However, while Russell’s nomination is likely to be contentious, she is nonetheless favored to join the bench, and will likely be a liberal presence on the court.

For the past fourteen years, Vernon D. Oliver has served as a judge on the Superior Court in Middlesex, Connecticut. Now, with the support of Senators Richard Blumenthal and Chris Murphy, Oliver has been nominated for the District of Connecticut.

Background

Vernon D. Oliver earned his B.A. from the University of Connecticut in 1994 and his J.D. from the University of Connecticut Law School in 1997. After graduating law school, Oliver spent a year at Monstream & May LLP in Glastonbury before joining the State of Connecticut Division of Criminal Justice as an assistant state’s attorney. In 2004, Oliver joined the Connecticut Attorney General’s Office. In 2009, Gov. M. Jodi Rell appointed Oliver to be a judge on the Middlesex District Superior Court, where he currently serves.

History of the Seat

Oliver was nominated to a vacancy on the U.S. District Court for the District of Connecticut on May 4, 2023. The vacancy opened on November 1, 2022, with Judge Stefan Underhill’s move to senior status.

Legal Career

Oliver started his legal career in the Glastonbury office of Monstream and May, but became an assistant state’s attorney after just a year there. As an assistant state’s attorney, Oliver prosecuted a variety of crimes, including briefing cases before appellate courts. See, e.g., State v. Buddhu, 65 Conn. App. 104 (2001). That case involved a state appeal of a trial judge’s decision to dismiss the charge against the defendant by finding that the search warrant underlying the evidence was invalid. See id. The appellate court disagreed and affirmed. See id. at 106. In another notable case, Oliver was part of a legal team that successfully persuaded the Connecticut Supreme Court to reinstate a conviction thrown out by the appellate court. See State v. Ramos, 271 Conn. 785 (2004).

In 2004, Oliver shifted to Connecticut Attorney General’s Office, working under Blumenthal, who was then the elected Attorney General. While with the office, Oliver worked on child protection matters, also appearing before appellate courts. See, e.g., In re Stephen M., 953 A.2d 668 (Conn. App. 2008).

Jurisprudence

Oliver has served as a Judge on the Connecticut Superior Court since 2009, when he was appointed by Gov. M. Jodi Rell. In this role, Oliver has served as a trial court judge, presiding over criminal, civil, family, and housing cases. Among his rulings, Oliver rejected a habeas claim brought by a pro se inmate, who alleged that his constitutional rights were being violated by correctional staff by preventing him from mailing unauthorized items. See Dorlette v. Melendez, No. 3:15-cv-1856 (VAB) (D. Conn. Feb. 26, 2020). Oliver presided over a bench trial in the case and ruled against the plaintiff, which he failed to timely appeal. See id. Instead, the plaintiff filed a federal suit, where Judge Victor Bolden granted summary judgment to the defendants, essentially affirming Oliver’s ruling. See id.

Overall Assessment

Oliver has served on the state bench for fourteen years, and has an additional ten years of litigation experience with little controversy behind him. Barring the unexpected, he should be confirmed in due course.

As compared to the outspoken Judge Williams or the young Sarala Nagala, the nomination of U.S. Magistrate Judge Sarah Merriam represents the most conventional of the three Connecticut nominees for the district court.

Background

Sarah A.L. Merriam earned her B.A. from Georgetown University in 1993 and her J.D. from Yale Law School in 2000. After graduating law school, Merriam joined the Hartford office of Cowdery, Ecker, & Murphy as an Associate. In 2007, Merriam moved to the public sector as an Assistant Federal Defender, staying in the office for eight years. In 2015, Merriam was chosen to be a federal magistrate judge, replacing Judge Holly Fitzsimmons. Merriam currently serves in this capacity.

History of the Seat

Merriam has been nominated to a vacancy on the U.S. District Court for the District of Connecticut that opened with Judge Janet Hall’s move to senior status on January 21, 2021.

Legal Career

Merriam started her legal career as an associate at Cowdery, Ecker, & Murphy, where she worked alongside partner Steven Ecker, who now serves on the Connecticut Supreme Court. Among the cases that Merriam and Ecker worked on together, they represented Directors of Reflexite Corp. in defending against a suit alleging that they violated their fiduciary duties to the corporation. See Frank v. LoVetere, 363 F. Supp. 2d 327 (D. Conn. 2005).

From 2007 to 2014, Merriam worked in the Office of the Federal Defender, representing indigent defendants in Connecticut federal court. Among the cases she handled with the office, Merriam represented Michael Danzi, one of two brothers charged with participating in a drug distribution ring importing marijuana from Canada. United States v. Danzi, 726 F. Supp. 2d 109 (D. Conn. 2009).

Jurisprudence

Merriam has served as a U.S. Magistrate Judge since her appointment in 2015, where she handles detention, discovery disputes, misdemeanors, and social security/benefits cases. As an example of a matter she handled, Merriam affirmed an administrative decision denying disability benefits for Dana Poole, finding that substantial evidence supported the determination that Poole’s disabilities were not sufficiently severe to qualify her for the benefits. Poole v. Saul, 462 F. Supp.3d 137 (D. Conn. 2020).

In another notable decision, Merriam ruled against the Libertarian Party of Connecticut, finding that the plaintiffs had not shown that Connecticut’s petitioning requirements were overly burdensome on the party. Libertarian Party of Conn. v. Merrill, 470 F. Supp. 3d (D. Conn. 2020).

Overall Assessment

With experience in private practice, as a federal defender, and as a federal magistrate, and with few controversial cases under her belt, Merriam is likely the least controversial of the group of three nominees put forward for the District of Connecticut. She will likely be confirmed with bipartisan support.

Sarala Vidya Nagala, a federal prosecutor in Connecticut, is one of three nominees put forward by the Biden Administration to fill vacancies on the District of Connecticut, in one of the biggest turnovers of the court since 1994.

Background

Nagala received a Bachelor of Arts degree from Stanford University in 2005 and her Juris Doctor from the University of California School of Law in 2008. After graduating law school, she clerked for U.S. Court of Appeals Judge Susan Graber on the Ninth Circuit, before joining the San Francisco office of Munger Tolles & Olson as an Associate. In 2012, Nagala moved to the public sector as an Assistant U.S. Attorney with the District of Connecticut, becoming Deputy Chief of the Major Crimes Unit in 2017. Nagala is still with the office.

History of the Seat

Nagala has been nominated to a vacancy on the U.S. District Court for the District of Connecticut opened by Judge Vanessa Lynne Bryant’s move to senior status on February 1, 2021.

Legal Career

Nagala started her legal career at the firm of Munger Tolles & Olson, a firm that has produced many prominent federal judges, including Justice Brett Kavanaugh and four sitting Ninth Circuit judges. At the firm, Nagala was part of the legal team representing Bank of America in seeking damages arising from financial fraud orchestrated by the Taylor, Bean & Whitaker Mortgage Corp. See Bank of Am, N.A. v. FDIC, 908 F. Supp. 2d 60 (D.D.C. 2012). On the pro-bono side, Nagala was part of the legal team, along with the ACLU Foundation of Southern California, challenging a gang injunction imposed by Orange County. Vasquez v. Rackaukas, 203 F. Supp. 3d 1061 (C.D. Cal. 2011).

Nagala has spent the last nine years as a federal prosecutor in Connecticut, rising to become Deputy Chief of the Major Crimes Division. Among the notable cases that she has handled with the office, Nagala prosecuted Stavros Ganias for tax evasion. United States v. Ganias, 755 F.3d 125 (2d Cir. 2014). Ganias challenged his conviction on two grounds: that his Fourth Amendment rights were violated when law enforcement copied three of his hard drives pursuant to a search warrant and then improperly retained materials beyond the scope of the warrant; and that his Sixth Amendment rights were violated by a juror’s Facebook activity. A divided panel of the Second Circuit reversed the conviction on the basis of the Fourth Amendment argument. However, Nagala petitioned for en banc rehearing, and the full Second Circuit reversed the decision based on Judge Peter Hall’s dissent, finding that, while the Defendant’s Fourth Amendment rights were violated, the “good faith” exception precluded suppression of the evidence. See United States v. Ganias, 824 F.3d 199 (2d Cir. 2016) (en banc). In other matters, Nagala is currently prosecuting New Britain resident Steven Knox for stealing 43 tires from the U.S. Postal Service. Don Stacom, Man Charged in Theft of 43 Tires From U.S. Postal Service Garage; Investigators: Suspect Admitted to Using Access Card He Kept From Repair Shop Job, Hartford Courant, June 10, 2021.

Overall Assessment

Despite being in her 30s, Nagala has already gained experience in both civil and criminal litigation. While some senators may raise questions about Nagala’s age, such inquiries are likely to be blunted by the relative youth of a number of Trump appointees. As such, one can expect Nagala to be confirmed in due course and make history as the first Indian-American judge on the Connecticut federal bench.