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Breastfeeding and Jury Duty

by Valorie Delp | More from this Blogger

25 Jun 2007 05:02 PM

I have found myself in a most unpleasant situation. I will start by saying the simple fact of the matter is, I cannot serve. I have a gazillion and one reasons why I cannot but suffice it to say that as Murphey's Law would have it, they called the one week I just can't go. Every single babysitter known to man (or at least known to my adorable, but slightly difficult two year old twins) is busy and gone. Had they given me a summons the week earlier or the week later it would've been fine. But they didn't and I can't go.

But my summons to jury duty and my subsequent predicament got me to thinking. . .what if I were breastfeeding? Well, I am breastfeeding but I'm breastfeeding toddlers and I don't think I will have much luck convincing a judge that they desperately need me during the day. Truthfully, the twins will survive without nursing for a few days. After all, they are two years old. However, I may not survive. Since there are two of them, nursing three times a day is the equivalent of nursing 6 times per day. . .and well, if you're nursing 6 times per day and then suddenly stop. . .let's just say it's akin to Old Faithful.

So, what do nursing mothers do when they get summoned to serve? If you live in Idaho, Iowa, Minnesota, Nebraksa, Oklahoma, Oregon or Virgina--you're in luck! These states all have state laws that allow exemptions or postponement for breastfeeding mothers. Alaska, Florida, Illinois, New Jersey, South Carolina, Texas, Tennessee, and Wyoming all have 'family friendly' laws for the general care giver in the house if you have small children.

But just because a state doesn't have a law, it doesn't mean you can't defer service or postpone it. It just means that your fate rests in the hands of the jury clerk who may or may not be having a good day. Luckily, I do have some thoughts on how to get out of jury duty without actually asking to have it deferred or postponed:

1. Bring said baby with you. Then breastfeed right there in the court house, while waiting to be selected. If they don't let you go immediately--they'll likely regret it once you start unlatching your bra.

2. If you have a babysitter, and decide to leave your baby at home, don't forget your pump! While you obviously want to be discreet while pumping a well planned 'show' of sorts is not out of order. Something like, "Excuse me, where can I use this?" And then display the pump prominently for all to see.

3. Bring pictures of your baby. You do know this trick right? Pumping while looking at a picture of your baby will usually yield more milk. It helps to trigger hormones. So bring that picture hold it out and go ahead and announce that you're looking at it to encourage a surge of hormones. That ought to clear 'em out!

4. Along those lines, I think any discussion of bodily fluids, breasts, suckling, etc. will likely get you excused more quickly.

I admit my 'plans' are unsubstantiated advice and following said advice is to be done at your own risk of being found in contempt of court. I'm personally going to pull the homeschooling & child care card and see if I can't get it rescheduled when my husband is off of work. However, if I do have to serve, be it now or in August--I will certainly be asking where their pumping room is for nursing mothers--proudly, prominantly and for all to hear!

 
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Learn more about Valorie Delp
twinzplus3`s avatar

Hello everybody! My name is Valorie and I am one busy lady! When I'm not writing or editing for families, I am busy trying to get my brood of 5 in line.

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User Comments

Michele Cheplic Online! (37349) 25 Jun 2007 05:25 PM

A very interesting blog! Only my state didn't make either one of your lists. I have another tip for you on getting out of jury duty---the more you know the less you will be desired by either side. Works everytime ;)

Valorie Delp (49340) 25 Jun 2007 05:39 PM

Okay. . .so bring the twins and know a lot! Got it! Thanks Michele!

Andrea Hermitt (5512) 25 Jun 2007 06:31 PM

The homeschooling card worked for me a couple years ago in GA. When my kids are older, I will be glad to serve

Valorie Delp (49340) 25 Jun 2007 06:38 PM

I agree Andrea. . .I actually think that we should be willing and eager to serve in general, but they happened to call me the week of VBS. I have NO babysitters available that aren't committed to helping with VBS already. I am totally, totally, totally stuck. I even asked around because I would feel guilty saying I had a child care issue when I hadn't really exhausted all of my possibilities. But I have exhausted all of my possibilities and I'm really, truly stuck LOL I would be happy to serve in August when my dh has off. So I'm actually wanting to postpone it. The court here though is pretty strict. I have to bring in my IHIPs (which aren't due for another 6 weeks!) to prove I'm homeschooling, and a letter from my dh's job stating that we works, and birth certificates for all 5 children to prove that their mine. . .and the list goes on! I may have to post a follow up. . .

Andrea Hermitt (5512) 25 Jun 2007 07:40 PM

I don't know about lower NY, but when I was in lower NY, I just said I was a stay at home mom with no one to care for my kids and that was it.

Andrea Hermitt (5512) 25 Jun 2007 07:40 PM

I meant when I was in upper NY.

Valorie Delp (49340) 25 Jun 2007 08:13 PM

I got it. . .they are much more strict now. They have all manner of rules and in order to claim the child care card. . .you have to have proof. They hired someone just to call around and check your proof. when my dh served last year, he said they had a line for those found in contempt for lying to get out of jury duty! No such easy passes here. But I can't imagine I'll have a hugely horrible time. . .we'll see.

Lyn Newton (3966) 26 Jun 2007 07:58 PM

I'd actually check into it if I were you! Suppose you get sequestered and put up in a real nice hotel with a maid and roomservice! This might be just the thing you deserve!

Valorie Delp (49340) 27 Jun 2007 03:01 AM

No. . .they very rarely pick white jurors here. I honestly don't mind serving. I think it's our civic duty. I just need to do it in August! LOL

Hmm. . .sequestered. . .nice hotel. . .rethinking my position.

Mary Ann Romans (26886) 27 Jun 2007 10:20 AM

Wow, I wonder if I got called in PA if they could actually make me serve while breastfeeding. I have an 11-month old infant and plan on breastfeeding until her is at least two years. If I got called, they would essentially be forcing me to wean. Something to wonder about.

Pam Connell (2658) 27 Jun 2007 11:22 PM

I was called when my son was a baby and I was breastfeeding. They gave me a dispensation without much trouble, but then called me again six weeks later! I felt like saying, "um, he hasn't grown up yet..." my husband was to be out of town that week as well, so I got a dispensation.

The next time I was called I was still nursing but ds was a toddler and dh was able to take off work His work actually had a nice policy that would have continued to pay him if he'd been on jury duty, but not if he was caring for the children while I served. But he could do it. Also each time I 'd been summoned it was to a courthouse farther and farther from home ,so I figured I'd better serve or I'd really be out in the boonies next time.

We were informed that we might be selected for an unusually long trial and asked if anyone wanted to request a hardship deferment. I said my husband could only take one week off. The judge said something else and I responded (lightly, I thought...maybe that was my mistake) that I'd be here next week but I might have a two year old with me. The judge said that I might be held in contempt of court. Luckily I was not selected for that trial (as Michelle hinted above, I shot off my mouth about my ethical beliefs when asked a question, and the lawyers didn't want me around).

Pam Connell (2658) 27 Jun 2007 11:26 PM

I was then seated for a much shorter trial, for which apparently it wasn't felt that having firm moral beliefs was a deterrent for service.

Valorie Delp (49340) 28 Jun 2007 03:14 AM

Thankfully, there's only one courthouse I can get called to here. ;-)

Heidi (5269) 17 Aug 2007 03:03 AM

I got called in March, when my son was 6.5 months old and nursing full-time. I am a stay-at-home Mom (my husband had to take a vacation day for me to go that day) and I told that to the judge.

While I was waiting to be called, and going through the selection process, I pumped every two hours. Though not ideal, there was a place (with a door I could lock) to pump and then wash up afterwards. Once in the courtroom itself I pumped in the bailiffs office. I had done research online regarding my state and county prior to arriving that day so I knew what to expect and how to make sure I pumped.

Heidi (5269) 17 Aug 2007 03:03 AM

I got called in March, when my son was 6.5 months old and nursing full-time. I am a stay-at-home Mom (my husband had to take a vacation day for me to go that day) and I told that to the judge.

While I was waiting to be called, and going through the selection process, I pumped every two hours. Though not ideal, there was a place (with a door I could lock) to pump and then wash up afterwards. Once in the courtroom itself I pumped in the bailiffs office. I had done research online regarding my state and county prior to arriving that day so I knew what to expect and how to make sure I pumped.

Valorie Delp (49340) 17 Aug 2007 03:19 AM

Thanks for sharing. You really should've been able to postpone that IMO. I have jury duty now, at the end of August.

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