No jury duty for nursing moms

September 2, 2008
Back to TopCommentsE-mailPrintBookmark and Share
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?
ADVERTISEMENT
  • 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...

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT