No jury duty for nursing moms

September 2, 2008
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According to a recent article from the National Law Journal, more and more states have passed laws exempting nursing mothers from jury service. Indiana isn’t one of those states, although we have a new law in effect regarding nursing mothers at work. Under Indiana Jury Rule 7, judges can authorize the deferral of jury duty if the person summoned can show a hardship, extreme inconvenience, or necessity for not serving. Also, each county may have different explanations of who can be excused from jury duty – yet no county specifies nursing mothers.

So, it’s up to the judge to decide whether an Indiana mother who is nursing is experiencing a hardship, inconvenience, or necessity to be excused. If it’s an understanding judge, he or she may excuse the mother and defer her service, and a law exempting nursing mothers would be unnecessary. However, if the judge doesn’t view breastfeeding as a necessity or extreme inconvenience, perhaps a law would be a good idea. But whether nursing is a valid excuse to defer jury duty is up to the General Assembly to decide.

Some women could make a good argument that breastfeeding children is a necessity and should be a valid reason to defer jury duty, especially if they end up on a jury that is sequestered for days or even weeks. However, some women are able to breastfeed their children with little interruption in their lives outside of the home. Alaska Gov. Sarah Palin, the Republican vice presidential nominee, recently told People magazine that she finds time to breastfeed in the middle of the night. If a politician traveling around the country campaigning can still nurse, can’t a mother who has been called to serve on a jury?
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  • Trying to balance breastfeeding with jury duty is a challenge I doubt even Sarah Palin would be able to handle!
    For starters, most courts would not allow an infant to be present with the mother. This leaves the option of pumping. Pray tell, WHERE would a mother be able to pump, given that courtrooms are not set up to accommodate nursing mothers as many workplaces are. She would most likely have to pump in a restroom... How many of you would like to eat a meal prepared in a BATHROOM?!
    In addition to the constraints of finding a place to nurse, another problem arises with timing. What happens when a mother needs to nurse and can\'t? She could end up leaking, causing her embarassment, or worse, she could end up in pain. Nursing women who can\'t express their milk when needed often get serious infections in their breasts and must seek medical treatment.
    Bottom line, then, WHY put a mother and baby through all of this when she can be allowed serve on a jury at a later time? Do the courts really want a nursing mother in their juries when they may be in pain?
    Also, Is it appropriate that Indiana state law currently allows deferral of nursing mothers to be decided by the whim of a jury clerk or a judge who may or may not have any knowledge in this area that is not in their primary field of knowledge...

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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