District of Connecticut

Judge Sarah Merriam – Nominee to the U.S. District Court for the District of Connecticut

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.

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Judge Omar Williams – Nominee to the U.S. District Court for the District of Connecticut

Omar Williams, a judge for Connecticut’s Superior Court since 2016, has been nominated for a seat on the U.S. District Court for the District of Connecticut. Williams’ nomination fits the pattern of former public defenders being nominated for the bench by the Biden Administration.

Background

Omar A. Williams earned his B.A. from the University of Connecticut in 1998 and his J.D. from the University of Connecticut Law School in 2002. After graduating law school, Williams joined the State of Connecticut Division of Public Defender Services as an assistant public defender. In 2016, Gov. Dannel Malloy appointed Williams to be a judge on the New London District Superior Court, where he currently serves.

History of the Seat

Williams was nominated to a vacancy on the U.S. District Court for the District of Connecticut on October 15, 2019. The vacancy opened on August 31, 2018, with Judge Alvin Thompson’s move to senior status.

In March 2019, Judge Barbara Jongbloed, a Connecticut Superior Court Judge, was recommended by Connecticut Senators Richard Blumenthal and Chris Murphy to the Trump Administration. Jongbloed was nominated by the Trump Administration to this seat on August 28, 2019, and was unanimously approved by the Senate Judiciary Committee on November 21, 2019. However, Jongbloed’s nomination sat on the Senate floor from that point onwards and was left unconfirmed at the end of the Trump Administration, leaving the vacancy for the Biden Administration.

Legal Career

William’s primary experience before becoming a judge was as a state public defender, where he represented indigent defendants in trial and appellate courts. Among the notable cases he handled with the office, Williams challenged, under the Fourth Amendment, the police officers’ use of statements his client had made while calling a third-party cell phone in the possession of the police. See State v. Gonzalez, 898 A.2d 149 (Conn. 2006). Specifically, officers were interviewing a suspected drug dealer when his cellphone rang and officers answered. Officers proceeded to speak with the caller (defendant) and arranged to meet with him for a “resupply.” The defendant was subsequently captured and raised a Fourth Amendment challenge to the police use of a third-party cellphone. The Connecticut Supreme Court held unanimously that “because the defendant spoken voluntarily to police and made no effort to ascertain the identity of the person to whom he spoke, he lacked a reasonable expectation of privacy in his words spoken during his call.” As such, the Supreme Court rejected the Fourth Amendment challenge.

Jurisprudence

Williams has served as a Judge on the Connecticut Superior Court since 2016, when he was appointed by Gov. Dannel Malloy. In this role, Williams has served as a trial court judge, presiding over criminal, civil, family, and housing cases. Williams’ duties include making bail and detention decisions. For example, in one case, Williams set a $250,000 bond for a defendant who forced his way into a woman’s home and attempted to sexually assault the occupant. See Karen Florin, Police: Man Attempted Apology After Home Invasion, Sexual Assault in New London, The Day, Jan. 26, 2015.

Additionally, Williams is also charged with making legal rulings and sentencing defendants who have been found guilty. See, e.g., Claire Bessete, Zane Megos Sentenced to Five Years for Violating Probation, The Day, Feb. 26, 2016. In this role, Williams has not hesitated to impose probation and diversion as an alternative to incarceration. For example, Williams sentenced Dr. Micha Abeles, a 71-year-old doctor charged with stealing medication from the UConn Health Center, to one year of probation. Former UConn Doctor Caught Stealing Drugs Gets Probation, A.P. State & Local, Sept. 13, 2016. Williams also approved an accelerated rehabilitation program for 19-year-old Tyler McKenzie, charged with making an online threat promising “a hail of bullets” against East Lyme schools. See Karen Florin, Court Grants Diversionary Program in East Lyme School Threat Case, The Day, July 14, 2015.

One case that may draw controversy is that of Brianna Brochu, a white University of Hartford student charged with breach of the peace and criminal mischief for allegedly applying bodily fluids, including blood and saliva, on items owned by her roommate Chennel Rowe, who was African American. See Jay Colby, Brianna Brochu Charged With Harassing Former University of Hartford Roommate, Gets Probation, The Black Detour, Mar. 13, 2018, https://theblackdetour.com/brianna-brochu-roommate-gets-probation/. Against the request of the NAACP, state prosecutors declined to charge Brochu with a hate crime, and Williams sentenced her to an accelerated rehabilitation program, allowing the charges to be dismissed with completion of 200 hours of community service and a mental health evaluation, among other requirements. Despite the views of activist groups, and the acknowledgment of the pain the harassment had caused her, Rowe testified that she had no objection to the diversionary disposition of the case.

Additionally, Williams co-chaired a task force with former Connecticut Chief Justice Chase Rogers to reform jury selection in Connecticut and reduce racial bias. See Zach Murdock, Reforms Designed to Reduce Racial Bias in Trial Jury Selection Advance, Hartford Courant, Apr. 7, 2021. The Committee’s recommendations included permitting felons and non-citizens to serve on juries, raising the age at which seniors can opt out of jury service, and increasing compensation for jurors. The recommendations were subsequently approved by the Connecticut legislature.

Overall Assessment

With over two decades of legal experience as both an attorney and a judge, Williams is likely to be deemed qualified for the federal bench. However, opponents are likely to raise three primary issues in opposition to his nomination. First, they may point to Williams’ time as a public defender to criticize his “fitness” for the bench. Second, they may argue that Williams’ willingness to offer probation and diversion, including in the Brochu case, reflects a lack of attention to crime victims. Third, they may criticize Williams’ work in reforming jury service and selection in Connecticut. How successful such arguments are likely to be depends on if any of the Senate’s Democrats find them persuasive in opposing Williams’ nomination.

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Sarala Vidya Nagala – Nominee to the U.S. District Court for the District of Connecticut

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.

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Judge Barbara Jongbloed – Nominee to the U.S. District Court for the District of Connecticut

Barbara Jongbloed, a judge for Connecticut’s Superior Court since 2000, has been nominated for a seat on the U.S. District Court for the District of Connecticut.  While Jongbloed is a registered Democrat, this is her second nomination by a Republican executive, having been tapped for state court by Gov. John Rowland.

Background

Jongbloed was born in Washington D.C. in 1959.  She earned her B.A. from Lawrence University in 1981 and her J.D. from New York University School of Law in 1984.  After graduating law school, she clerked for U.S. District Judge T. Gilroy Daly, before joining Day Berry & Howard in Stamford, Connecticut.  In 1987, Jongbloed moved to the public sector as an Assistant U.S. Attorney, staying in the office for thirteen years, the last two as criminal chief.  In 2000, Jongbloed was nominated by Rowland to become a Superior Court Judge in New London, where she currently serves.

History of the Seat

Jongbloed was nominated to a vacancy on the U.S. District Court for the District of Connecticut on October 15, 2019.  The vacancy opened on August 31, 2018, with Judge Alvin Thompson’s move to senior status.

In August 2018, Jongbloed applied for the judgeship with Connecticut Senators Richard Blumenthal and Chris Murphy, both Democrats.  They recommended Jongbloed to the White House in March 2019.  

Legal Career

Jongbloed’s primary experience before becoming a judge was as a federal prosecutor.  Over the thirteen years she was at the U.S. Attorney’s Office, Jongbloed tried 14 cases to verdict.  Jongbloed was co-counsel with fellow Connecticut federal judge Kari Dooley in the prosecution of Stewart Leonard, who was sentenced to 52 months in federal prison for embezzlement.[1]  She also prosecuted Greenwich Acupuncture Center and its owners for various forms of fraud.[2] 

Jurisprudence

Jongbloed has served as a Judge on the Connecticut Superior Court since 2000, when she was appointed by Republican Gov. John Rowland.  In the past 19 years, Jongbloed has presided over approximately 105 cases that have proceeded to verdict and judgment.  Among these, Jongbloed has not hesitated to issue long sentences in criminal cases where she deems it appropriate.  For example, she sentenced Dante Hughes, who shot a good samaritan who was attempting to intervene in a domestic dispute, to 50 years in prison.[3]  Similarly, she sentenced George Leinart to the mandatory sentence of life for capital felony for the death of a 15 year old girl,[4] and sentenced Mozzelle Brown to 56 years in prison for the murder of physicist Eugene Mallove.[5]  In fact, the two cases in which Jongbloed was reversed over her tenure as a judge, both involve rulings in favor of the prosecution which were overruled by the Connecticut Supreme Court.[6]

Overall Assessment

Jongbloed’s status as a Democrat nominated by Trump will likely be enough to satisfy partisans on either side to let her move through without a fight.  Nonetheless, setting aside party affiliation, Jongbloed has extensive experience both as an attorney and as a state court judge, which should quell concerns about her jurisprudence.

[1] See United States v. Stewart J. Leonard Sr., et al., 37 F.3d 32 (2d Cir. 1994).

[2] United States v. Greenwich Acupuncture Cntr., et al., No. 5:91CR00040 WE (D. Conn. 1991).

[3] State v. Dante Hughes: KNL-CR16-335957.

[4] Karen Florin, A ‘True Predator’ Removed From Society: Judge Sentences Leniart to Life in Cold-Case Murder, The Day, June 23, 2010.

[5] Karen Florin, Mozzelle Brown Sentenced to 58 Years For Mallove Murder, The Day, Jan. 6, 2015.

[6] Compare State v. Jean Jacques, 332 Conn. 271 (2019) and State v. Chihan Eric Chyung, 325 Conn. 236 (2017).

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Judge Kari Dooley – Nominee for the U.S. District Court for the District of Connecticut

Republican Kari Anne Dooley, a judge for Connecticut’s Superior Court (trial court) since 2004, has been nominated for a seat on the U.S. District Court for the District of Connecticut.[1]  Before becoming a judge, she worked in private practice as well as serving for 12 years as an Assistant U.S. Attorney for the District of Connecticut.[2]

Background

Dooley, 54, was born in New York City on May 9, 1963.  She earned her B.A. in psychology from Cornell University in 1985 and her J.D. (cum laude) from the University of Connecticut School of Law in 1988.[3]  After graduating law school, she began her career in civil litigation and criminal defense at Whitman & Ransom (now Whitman Breed) in Greenwich, Connecticut.[4]  A mother of two, in 1992, Dooley moved to the public sector as an Assistant U.S. Attorney, staying in the office for twelve years.[5]  She served as counsel to the U.S. Attorney in 2004 until starting as a state court judge.[6]  She currently sits on Connecticut’s Superior Court in Waterbury and hears cases on the complex litigation docket.[7]  Dooley was nominated at the recommendation of Connecticut’s two democratic senators.[8]

History of the Seat

Dooley was nominated to a vacancy on the U.S. District Court for the District of Connecticut on December 20, 2017.  The vacancy opened on January 1, 2017, with Judge Roberty Chatigny’s move to senior status.

In May 2017, Dooley applied for the judgeship with Connecticut Senators Richard Blumenthal and Chris Murphy, both Democrats.  They recommended Dooley to the White House in August 2017.  Trump officially nominated Dooley on December 20, 2017.

Legal Career

While counsel to the U.S. Attorney, Dooley served as the Child Exploitation and Obscenity coordinator.[9]  Dooley has been involved in a number of high-profile prosecutions involving white collar fraud and child sex crimes.  She was involved in the 1993 prosecution of Stew Leonard, patriarch of the eponymous Connecticut grocery store, for $17.1 million in tax fraud.  He was sentenced to 52 months in federal prison.  She also aided in the 1997 prosecution of his son, Tom Leonard, who pleaded guilty to two counts of filing false tax returns.[10]  She worked with the child victims of the 2001 prosecution of Waterbury, Connecticut’s Mayor Philip Giordano, who was sentenced to 37 years for using his influence and political position to systematically sexually assault children.[11]  Connecticut U.S. Attorney Kevin O’Connor described her work interviewing the children victims as “masterful[].”[12]  In 2002, she brought 24 federal charges against Martin Frankel stemming from swindling small insurance companies in a scam that caused at least $200 million in losses.[13] In 2004, she prosecuted Danbury, Connecticut lawyer Bernabe “Bernie” Diaz for having sex with and receiving pornography of his girlfriend’s underage daughter.[14]

Dooley by all accounts has a reputation for being fair and a talented lawyer.  Counsel for criminal defendant Diaz, see supra, stated that Dooley “always struck [him] as being fair even though she’s a U.S. Attorney,” and “someone who knows their way around a courtroom.”[15]  Connecticut’s U.S. Attorney Kevin O’Connor has praised Dooley’s ability to work with child victims and her “demonstrated … commitment to the pursuit of justice,” and has decried her as “an immensely talented lawyer.”[16]  The state’s senators echoed these sentiments in their public statement lauding her for having “earned the deep respect of her colleagues and peers”[17]

Jurisprudence

Dooley has not presided over any published cases, and has participated in 12 unpublished cases, which address a range of criminal and civil issues.[18]  As Dooley puts it, her “judicial responsibilities have included presiding over a variety of criminal, civil, housing and juvenile matters,” and “[s]ince 2012, [she] ha[s] been assigned to the Complex Litigation Docket in Waterbury, Connecticut.”[19]

Connecticut senators Richard Blumenthal and Chris Murphy, in a statement released following Dooley’s nomination, described her as having “a well-deserved reputation for her tireless work ethic, a high standard of integrity, and an admirable judicial temperament.”[20]

Speeches/Writings

While research has not revealed publications or speeches by Dooley, Dooley commented on her 2004 nomination to a seat on Connecticut’s state trial court, calling it “a real privilege,” and stating that she “look[ed] forward to staying in public service.”[21]

Overall Assessment

Dooley’s long tenure as a federal prosecutor and state court judge, as well as her glowing reputation among her legal community, make her a consensus candidate for the vacancy.  Although research has revealed relatively little about Dooley, the unanimously positive endorsements she has received for her work both as a lawyer and as a judge suggest an even-handed and thoughtful approach, which should, logically speaking, translate to an apolitical approach as well.

[18] Westlaw search conducted by author, January 21, 2018.

[19] https://linkedin.com, input “Kari Dooley” in search, first result.

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