Jury duty is an important civic responsibility, and it is one of the rare times that the average citizen gets a direct hand in the justice system.
Parenting is an important duty to our children, and some parts of it can be biologically imperative, like being present to breastfeed if there’s a goal to have long-term success in breastfeeding.
When those two responsibilities clash, moms can find themselves in a tough spot — and contrary to what you might expect, the justice system doesn’t always give the breastfeeding mom of a newborn a pass to attend to that first duty.
Jury Duty While Breastfeeding
I can remember the tears — mine — when I had a breastfeeding newborn and received a jury duty summons, so I had immediate empathy when I stumbled across the story of an Alabama mom’s crisis. In my case, there was a frantic phone call to the court clerk, who put me on hold and then came back to tell me I should show up and explain the situation on the day I was scheduled.
I did as directed and was told to go through the process; it would probably be short, and I might not even get picked for a jury anyway. It was relatively brief, either two or three days, and each day, I rushed home on my lunch break and tried to feed my infant as much as possible so that maybe he’d be okay for another 4 hours wait.
It’s been almost a decade, and I still think with frustration of those terrible few days when I could have just been allowed to take care of my child and was instead ordered to do otherwise.
One Alabama Mom Finds Herself In A Tough Spot
Kandace Brown turned to social media on January 13th with frustration after a similar situation.
She says she showed up at jury duty with her baby in her arms because, as she said, “I cannot get childcare that can breastfeed my baby for me.”
Brown’s situation only got scarier from there — the judge ordered every mom who had a child in tow to call someone to pick them up or DHR (Alabama’s government agency that, among other functions, investigates allegations of child abuse or neglect) would be involved. Brown read this as a threat that her child could be taken from her for no greater ‘crime’ than failing to have a backup breastfeeder.
She tried to speak to the judge and obtain an exemption and was told to sit and wait. Then, she was excused, but only for that day, with the expectation she’d return the following day to repeat the process — perhaps with a reduced chance of being excused.
There was an outpouring of support, including a call for the judge’s name and suggestions to get the media involved. The post was shared thousands of times, and moms across America rushed to show their support, many sharing their experiences.
The Public Backlash Was Heard, Loud & Clear
One judge, Jefferson County Circuit Court Judge Shanta Owens, responded to media inquiries by claiming that there was just a “miscommunication” and that Brown and others in similar situations were dismissed.
The state’s Supreme Court chose to step in over the public outcry, according to WBHM. They’ve now issued a unanimous order that gives Alabama Circuit Court judges 30 days to submit written procedures assuring that breastfeeding women are recognized as exempt from jury duty and that the exemption can be submitted “by telephone, electronic mail, or in writing.”
In other words, no more women can be required to show up in person to beg for permission to put their infants first.
Jury Duty Exemptions As Spelled Out In Law
In each state, there are laws defining who can be considered exempt from jury duty, and judges have a degree of discretion outside that list.
For example, some jurisdictions may explicitly state that a lack of childcare is a legitimate excuse for an exemption. Still, even without that rule, a judge may excuse the primary caregiver from jury duty if they recognize that serving would cause hardship.
Side note: someone focused on worrying about the safety of their kids in her absence isn’t likely to be the most attentive and effective juror, anyway.
Potential jurors may seek exemptions for medical reasons, school schedules, or for specific hardship reasons. Some employment situations, including active duty military service, duty on fire, or police service, may also grant an exemption.
However, being a breastfeeding mother is currently only legislated as an assured jury duty exemption in 22 states, according to the National Conference of State Legislatures.
What Should Moms Do?
If you are breastfeeding and called to jury duty, contact the court at the first possible opportunity.
Your jury duty summons should have directions for applying for an exemption. This process varies by jurisdiction.
You can check your state’s laws to learn whether the court is required to provide an exemption. (If there is not one for breastfeeding, there may be one for being the primary caregiver with no childcare access.)
If you are denied, check with your pediatrician and, if applicable, your doctor to see whether they can provide a letter aiding in the exemption. DO NOT give the court false information or request that your doctor do so!
You can also look up your elected representatives and contact their offices. Most have outreach programs to help constituents, and they may be able to facilitate your need.