Sarah French Russell was sworn in on December 20, 2024, as Connecticut’s 44th U.S. district court judge. Judge Russell, a former Connecticut Federal Public Defender and former academic at both Yale Law School and Quinnipiac University School of Law, fills the seat vacated when District Judge Sarah A. L. Merriam, also a former Connecticut Federal Public Defender, was elevated to the Second Circuit Court of Appeals.
Background
Judge Russell was born and raised in Belmont, Massachusetts. Her parents, and their work ethic, were models for Judge Russell’s own dedication and dogged determination in all facets of her life. Judge Russell’s parents met as undergraduates in their freshman English class at Harvard. Judge Russell describes her father as a “computer genius” who grew up in New Canaan, Connecticut and founded a series of successful technology companies beginning in the 1980s. Her mother, who grew up in Waltham, Massachusetts, worked as a technical book editor and author, becoming an expert in computer security and producing dozens of books in the field. Judge Russell has two siblings. Like her father, Judge Russell’s brother also started a series of successful technology companies, the last of which was acquired by Google. Her sister, after practicing as a child psychologist and teaching at Harvard Medical School, is now the chief medical officer of a health care company.
Emphasis on Education and Sports
Axel, Loop, Lutz. Judge Russell began figure skating when she was little more than 2 years old. She trained at the Skating Club of Boston with some of the best figure skaters in the country. In typical self-deprecating fashion, Judge Russell offered that she was “never Olympic material.” Despite the modesty, I did manage to coax out of her that in competition she made it past New England rounds, to regional rounds. She loved the discipline of figure skating but found the sport “intensely competitive.” I asked Judge Russell if there were any life lessons she took from individual competition; she thought for a minute and said that “skating definitely honed my ability to cope with extreme pressure while remaining calm.”
Judge Russell attended a Quaker elementary school, Cambridge Friends School, that encouraged intellectual curiosity, community engagement, and care for others. While the school emphasized helping those in need, it also emphasized the importance of consensus building and careful listening rooted in the “silent meeting” Quaker tradition. It is entirely probable that these early lessons figured prominently in Judge Russell’s later approach to public service, which focused on advocacy for indigent individuals but also listening, persuasion and consensus building.
Judge Russell next attended Concord Academy in Massachusetts. There she excelled academically, athletically, and began developing a passion for public service. At Concord Academy, Judge Russell traded her figure skates for hockey skates and began playing competitive hockey. She was mentored by extraordinary teachers who helped build her confidence and she formed friendships that endure to this day. Judge Russell credits Concord Academy for teaching her analytical writing and the importance of careful word selection and hard work in the editing process.
Following graduation, Judge Russell attended Yale University, where she majored in ethics, politics, and economics. Looking back, Judge Russell believes that it was a political science course at Yale where she studied the Connecticut Supreme Court’s decision in Sheff v. O’Neill that ignited her interest in the law. Sheff v. O’Neill was a landmark civil rights case in Connecticut. Plaintiffs, Black and Latino students in Hartford, claimed that Connecticut was denying them equal educational opportunities owing to racial and economic segregation compared to surrounding suburban schools. The Connecticut Supreme Court held that Connecticut had a constitutional obligation to remedy these educational inequities and to take steps to desegregate schools to ensure equal education. The case brought to the fore early lessons of the Quaker school about addressing injustices and leavened Judge Russell’s interest in Constitutional law and the ability to use the law to right inequities.
At Yale, Judge Russell also recalls being inspired by a philosophy course taught by Professor Shelly Kagan. She recalls being challenged by Kagan to think critically and to bring a particular rigor to her thinking and to her writing. “Thinking hard” was both challenging and liberating to Judge Russell; liberating in the sense that she learned how to spend time thinking deeply and bringing clarity to difficult issues.
At Yale, Judge Russell continued playing hockey as a member of Yale’s ECAC Division I team. In the 1996-97 season, Judge Russell was selected to receive the “Blanning Award,” for the player “whose efforts reflect ideals of team play and individual improvement as a hockey player.” In the 1997-98 season, Judge Russell was selected by her teammates to Captain Yale’s team. She was awarded the “Bingham Award” for “the player who provides outstanding team leadership.” When asked to reflect on lessons learned from playing a team versus an individual sport, Judge Russell thought for a minute and said she really enjoyed being part of a group with a common goal, that was completely supportive of one another, and that fueled her instincts for collaboration.
In 1998, Judge Russell graduated from Yale University magna cum laude.
Pursuing Interest in the Law
Following graduation, Judge Russell worked as a legal assistant for a solo practitioner in New York. That lawyer was involved in impact litigation that was ramping up for trial. It was an invaluable opportunity for Judge Russell to experience the work and reality of litigation and trial work. The experience was formative and helpful when Judge Russell began law school the following year. “It was good to experience the inside of a courtroom; it made many things I was about to encounter much more concrete and relatable.”
Judge Russell next attended Yale Law School, where she became Notes Editor of the Yale Law Journal. She valued the opportunity to work on the journal and believes the experience helped with her attention to detail, her accuracy in reading and relying on statutory and decisional authority, and her exposure to and understanding of scholarship. When asked if there were courses or professors that were particularly important to her time at YLS, Judge Russell did not hesitate in singling out Professor Judith Resnik (who taught Civil Procedure and Federal Courts), Professor Dennis Curtis, and Judge Nancy Gertner (who taught a course on sentencing), and Professors Jean Koh Peters and Stephen Bright (who taught courses addressing access to justice).
While at Yale Law School, Judge Russell met her future husband, Sean McElligott. McElligott practices at one of Connecticut’s premier law firms. Their attraction was kindled not only by mutual intellectual curiosity, but also by a love of sports. McElligott lettered in hockey and soccer in college. Not surprisingly, the couples’ three boys are also hockey players. “We spend plenty of quality time, at all hours, shuttling the boys to practices and games,” the judge shared.
Following graduation from law school, Judge Russell clerked for then-Chief Judge Michael Mukasey of the Southern District of New York. Judge Russell’s enthusiasm for her clerkship was evident. She marveled at Judge Mukasey’s complete command of the courtroom and his “cut-to-the-chase” approach to problem solving. She appreciated the judge’s thoughtfulness and care for every case, no matter the issue and no matter the significance. She also appreciated that Judge Mukasey had lunch with his clerks every day and used that time to mentor and actively solicit his clerks’ views on thorny legal issues. Judge Russell feels particularly fortunate to have had the opportunity to work with the judge on several significant trials during her clerkship.
Judge Russell next clerked for Judge Chester Straub on the Second Circuit Court of Appeals. She recalled that her clerkship began shortly after the Supreme Court decided Blakely v. Washington. Consequently, the clerks and the judge spent considerable time wrestling with and deciding sentencing issues. Judge Russell has a deep appreciation for the time Judge Straub invested in providing detailed feedback on her written work and that of her fellow clerks. “His attention to editing helped with the clarity of my writing.” Judge Russell also learned a great deal from Judge Straub’s ability to build consensus on panels of the appellate court. Judge Russell is grateful to both Judge Mukasey and Judge Straub for the many ways in which they supported her throughout her career.
Judge Russell believes that both clerkships taught her many things, including the importance of care for the written record. The opportunity to review many records on appeal, particularly records of sentencing proceedings, she believes, will make her a better district court judge.
Following her clerkship with Judge Straub, Judge Russell continued to have an interest in access to justice, criminal sentencing, and a desire to hone her skills in the courtroom. She was fortunate that there was a rare opening at the Connecticut Federal Public Defender’s Office. She applied and was hired. Judge Russell enjoyed her time at the FPD’s Office and enjoyed courtroom advocacy and the intellectual rigor of fashioning legal arguments. Indeed, Judge Russell was the advocate who successfully litigated the case of United States v. Savage 542 F.3d 959 (2d Cir. 2008) (and later worked on Madera and Lopez). In short, her advocacy led to a holding that a conviction under a particular and often employed Connecticut statute did not categorically qualify as a “controlled substance offense” within the meaning of the Sentencing Guidelines. The decision was of great significance to many defendants facing stiff sentencing enhancements under the Armed Career Criminal Act and other criminal history, and sentencing provisions.
The Chief Federal Public Defender in Connecticut, Terry Ward, remembers Judge Russell formulating the argument that was ultimately successful in Savage. “She worked tirelessly comparing minute details and differences of seemingly comparable state and federal statutes until she was completely convinced of the soundness of her argument.” “Sarah has a remarkable work ethic, like no one I have ever seen,” said Ward. Ward recalls the day Judge Russell presented her Savage argument before the very experienced and well-respected District Court Judge. “That’s a clever argument,” the judge said, “but are you telling me that I and all my fellow judges, probation officers, and lawyers, have been getting it wrong all these years?” Ward recalled that Judge Russell was unsuccessful in persuading the district judge, but in the long run was able to persuade the Second Circuit Court of Appeals of the correctness of her argument.
I cannot help but think that the lessons Judge Russell learned in Professor Kagan’s classroom about critical thinking and bringing rigor to analysis played some role in the successful outcome for her client.
Ward, a lawyer for more than forty years, a Federal Public Defender for thirty-five years and the chief defender for more than thirteen years, told me that in “all my years working in the federal system, Sarah Russell is simply the smartest person I have ever encountered.” Ward also recalled that during Judge Russell’s time at the Federal Defender’s office there were a string of 7 jury trials back-to-back. “None of the cases were Sarah’s but she was at my door regularly asking if she could second-chair each of those trials.” Ward also remembered beginning work on an in limine motion for an upcoming trial. “I got a call from Sarah asking if there was anything she could do to help. I mentioned the motion I was working on and two hours later I received a perfect, persuasive, in limine brief from Sarah.” Ward summarized his view of Judge Russell by stating simply: “She was incredible.”
Drawn to Academia and Scholarship
Following her time at the Public Defender’s Office, Judge Russell joined Yale Law School as the Director of the Arthur Liman Public Interest Program. In that capacity she had the opportunity to both teach and help promising young lawyers launch public interest legal careers. In addition, the directorship exposed Judge Russell to areas of advocacy she had not experienced through her clerkships or work at the public defender’s office. More particularly, she was exposed to policy advocacy, legislative advocacy, and administrative reform.
After three years at Yale Law School and the Liman Center, in 2011, Judge Russell joined the faculty of Quinnipiac University School of Law, where she enjoyed a meteoric rise from Assistant Professor to full Professor in just four years. When I asked about her rapid trajectory through the academic ranks, Judge Russell responded with typical modesty: “It was a very supportive environment.” Not only was her academic rise swift, but her considerable interpersonal and management skills were recognized by her colleagues by her appointment to the Executive Committee of the law school.
David Norman-Schiff, now a partner at Wiggin and Dana, recalled that “as a 2L, I registered for the Civil Justice Clinic with Professor Russell, and then, I just kept enrolling in clinical programs taught by Judge Russell semester-after-semester because she was such an extraordinary professor, practitioner, scholar, and mentor.” Eventually, Norman-Schiff became Professor Russell’s research assistant. He observed that “Sarah’s sharp legal mind and relentless work ethic are impressive. Equally impressive is her kindness, and generosity. No matter how busy she was, she always had time to meet with students and provide constructive feedback, especially helping law students to grow as writers.” Norman-Schiff summed up his view of Connecticut’s newest judge by observing “Sarah has all the traits you would look for in a judge – she’s going to be great.”
There were colleagues at Quinnipiac Law School who were mentors to Judge Russell. Among them were the late District Judge Jeffrey Meyer (who clerked for Judge Oakes and Justice Blackmun) and Professor Linda Ross Meyer (a former Sandra Day O’Connor clerk). Professor Linda Meyer worked with Judge Russell on sentencing reform issues. Based on her collaboration and knowledge of Judge Russell, Professor Meyer observed that Judge Russell “has all the hallmarks of a great jurist. She’s a brilliant lawyer who sees three steps ahead and has written path-breaking articles, especially on sentencing.” “She is a careful lawyer. . . . She is a humble lawyer, who doesn’t rush in and assume she knows everything, but consults others and listens to all advice and points of view. And she is a compassionate lawyer, who cares fiercely about how the law impacts real people and can be tough when she is protecting them. Litigants, litigators, and future citizens will be very well-served by Judge Russell’s keen legal analysis, work ethic, thoughtfulness, and care.”
Bar Activity
Judge Russell has also been an active participant on court committees and bar associations. As illustrative examples, Judge Russell was appointed by the chief justice of Connecticut’s Supreme Court to serve on Connecticut’s Judicial Branch Committee on Judicial Ethics. She was appointed by Connecticut’s governor to serve on Connecticut’s Sentencing Commission. She was also appointed by the governor to serve on his Transition Policy Committee on Criminal Justice. She was appointed by the Chief U.S. District Court Judge to serve on the Standing Committee on the Criminal Justice Act, and was appointed by the chief judge to serve, first as a member of Connecticut’s Federal Grievance Committee and then as counsel to the Grievance Committee. I asked Judge Russell about these many appointments and, again, Judge Russell was exceedingly modest and generous when stating, “It was such an honor to serve on these committees with such wonderful and talented colleagues.”
Judge Russell’s scholarship is impressive by any measure. She has authored or co-authored at least nine law review articles appearing in prestigious law reviews. She has written innumerable scholarly articles, been called to testify before commissions and committees, authored twelve amicus briefs, and lectured and served on many scholarly panels. In addition, while a professor, Judge Russell continued to lead important litigation such as Martinez-Brooks v. Easter (served as class counsel in action against BOP alleging it failed to take necessary action to protect inmates at Danbury FCI during COVID outbreak), and many others.
Appointment to the Bench
Judge Russell has been welcomed by her judicial colleagues in Connecticut. “My new colleagues have been so warm and welcoming, and so generous with their time.” She added, “this district includes so many incredible judges who work hard every day to provide justice in our community. I am humbled to be a part of it.”
Connecticut is extremely fortunate to have Judge Russell join the ranks of what is an extraordinary federal bench. We wish Judge Russell Godspeed in her new duties.