Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues
Breastfeeding and Jury Duty: State Laws,
Court Rules, and Related Issues
Updated January 24, 2007
Douglas Reid Weimer
Legislative Attorney
American Law Division
Breastfeeding and Jury Duty: State Laws, Court Rules,
and Related Issues
Summary
The increasing popularity of breastfeeding has focused attention on how the law
facilitates or discourages the practice. One issue that has arisen involves
breastfeeding mothers and jury duty, and whether a breastfeeding mother may receive
an excuse or deferral from compulsory jury duty.
At the present time there is no federal legislation on the subject, although
Congress has considered and adopted other legislation concerning certain
breastfeeding issues.
By contrast, several states have enacted legislation to excuse or defer jury duty
for breastfeeding mothers, either specifically or more generally under “family
friendly” jury duty legislation. “Family friendly” jury legislation varies in scope, but
it generally, though not always, is sufficiently expansive to cover breastfeeding
mothers.
Court rules concerning breastfeeding mothers and jury duty vary widely.
California has adopted a uniform statewide rule. However, federal district courts
have not adopted standard rules or practices. Likewise, state and local courts may
have no specific rules, or very different rules on breastfeeding mothers and jury duty.
The fact that a state, a court system, or a single court does not have a law, rule,
or formally written procedure does not necessarily mean that a breastfeeding mother
will be compelled to serve on a jury. It appears that a general “medical exception”
from jury duty may be applicable to breastfeeding mothers in some instances, and
local practice and custom may influence an excuse or deferral from jury duty. It
appears that many of the decisions concerning a nursing mother’s excuse or deferral
from jury duty are handled on a case-by-case basis by the individual courts.
Contents
State Laws Permitting Breastfeeding Mothers to have Jury Duty
Excused or Postponed..........................................2
California ................................................2
Idaho ...................................................2
Illinois ..................................................2
Iowa ....................................................3
Kansas ..................................................3
Minnesota ................................................3
Mississippi ...............................................3
Nebraska ................................................3
Oklahoma ................................................3
Oregon ..................................................3
Virginia .................................................3
State Laws Providing a General Exception for Family Caregivers: “Family
Friendly Jury Duty Legislation”...................................3
Alaska ..................................................4
Florida ..................................................4
Georgia ..................................................4
Illinois ..................................................4
New Jersey...............................................4
South Carolina............................................4
Tennessee ................................................4
Texas ...................................................4
Virginia .................................................5
Wyoming ................................................5
Pending State Legislation Dealing with Breastfeeding Mothers and Jury Duty..5
Wyoming ................................................5
Court Rules Which May Provide a Deferral/Excuse from Jury Duty..........5
State Rule — California.....................................5
Federal District Court Rules.................................5
Chart Comparison of the Ways in Which Different State Jurisdictions
Deal with Breastfeeding Mothers and Jury Duty......................6
List of Tables
Comparison of State Jury Duty Laws and Rules Concerning Breastfeeding.....7
Breastfeeding and Jury Duty: State Laws,
Court Rules, and Related Issues
Since 1993, many states have enacted laws relating to breastfeeding.1 Currently,
forty-three states and Puerto Rico have enacted some form of breastfeeding
legislation, which most commonly addresses breastfeeding in the workplace and
exempting nursing mothers from laws dealing with indecent exposure and/or criminal
behavior. 2
Additionally, some states have laws or rules that more directly bear on the
obligation of breastfeeding mothers to serve on juries. This regulation of jury service
generally has taken one of three approaches:
!Some states have enacted statutes that expressly excuse or defer jury
service. States with this type of law include California, Idaho,
Illinois, Iowa, Kansas, Minnesota, Mississippi, Nebraska,
Oklahoma, Oregon, and Virginia. These laws are cited and
summarized below. Additionally, Wyoming is considering
legislation to defer or excuse jury duty.
!Another state legislative development is the enactment of “family
friendly” jury duty legislation that permits parents who care for a
young child on a full time basis, or who are caretakers of an elderly
or disabled relative, to have jury service deferred or excused upon
their request. Usually, breastfeeding mothers fall with the coverage
of these statutes, although the statutes vary, and may not be
applicable under every circumstance. Currently, twelve states —
Alaska, Colorado, Florida, Georgia, Illinois, Massachusetts, New
Jersey, South Carolina, Tennessee, Texas, Virginia, and Wyoming
have some form of “family friendly jury duty legislation.”3 (The
1 Accommodating breastfeeding mothers is an issue primarily addressed at the state level.
At the same time, Congress has established programs to encourage breastfeeding. Congress
also has affirmed the right of a nursing mother to breastfeed on federal property or in federal
buildings, if the mother and child are authorized to be at that location. Congress consideredth
legislation in the 109 Congress to promote breastfeeding and it is anticipated that similarth
legislation will be reintroduced in the 110 Congress. See CRS Report RL32908,
Breastfeeding: Federal Legislation by Douglas Reid Weimer.
2 See CRS Report RL31633, Summary of State Breastfeeding Laws and Related Issues, by
Douglas Reid Weimer.
3 It should be noted that Illinois and Virginia have specific statutes for excusing or deferring
jury duty, as well as “family friendly” jury duty legislation.
laws of Colorado and Massachusetts probably are not applicable to
the excuse or deferral of breastfeeding mothers from jury duty.)
!California has adopted a state-wide court rule which uniformly deals
with breastfeeding and jury service. In addition, many individual
courts — federal and state — have adopted rules to deal with this
situation.
Even if a state has neither a specific statute dealing with jury service and
breastfeeding, a “family friendly” statute, nor a statewide court rule, it does not
necessarily mean that a nursing mother will be required to perform jury duty.
Individual court rules or custom, community practice, or other circumstances may
permit an excuse or a deferral from jury service for a nursing mother. In the absence
of a state law or court rule providing a specific exception for breastfeeding, the
nursing mother may or may not be excused on the basis of a general “medical” needs
exception.4 On the other hand, research has not found any court that permits a
mother serving on a jury to have her child present in the court room or the jury room,
or to breastfeed during court proceedings or jury deliberations.5
State Laws Permitting Breastfeeding Mothers to
have Jury Duty Excused or Postponed
At the present time, eleven states have enacted laws which specifically allow a
breastfeeding mother to either postpone or be excused from jury duty. The laws vary
significantly in their language and scope. Certain states permit the mother to be
excused from jury duty and other states permit the mother to postpone jury duty.
The laws are cited to and are summarized below.
California. Cal. Civ. Proc. Code § 210.5 (2006) requires that the
“standardized jury summons shall include a specific reference to the rules for breast-
feeding mothers.” This rule, discussed below, permits the mother of a breastfed child
to postpone jury duty for one year and eliminates the requirement for the mother to
appear in court to request a postponement.
Idaho. Idaho Code § 2-212(3) (Michie 2006) provides that a nursing mother
may have jury service postponed “upon a showing that the juror is a mother
breastfeeding her child.”
Illinois. 705 Ill. Comp. Stat. Ann. 305/10.3 (West 2006) provides that “any
mother nursing her child shall, upon request, be excused from jury service.”
4 See [http://www.familyfriendlyjuryduty.org] for background and statistics on breastfeeding
mothers and jury duty and related issues.
5 Likewise, a breastfeeding mother on a jury is expected to be present for the entire trial.
She may not be excused during the course of the trial for breastfeeding or other related
activities.
Iowa. Iowa Code Ann. § 607A.5 (West 2006) permits a mother who is
breastfeeding and who is responsible for the daily care of the child and is not
regularly employed to be excused from serving on a jury.
Kansas. K.S.A. 43-158 (2006) provides that a mother’s jury service shall be
postponed until she is no longer breastfeeding the child.
Minnesota. 2000 Minn. Laws Ch. 2696 allows a nursing mother, upon request,
to be excused from jury service if she is not employed outside of her home and if she
is responsible for the daily care of the child.
Mississippi. Miss. Code Ann. § 13-5-23(d) (2006) provides that a juror may
be excused when “the potential juror is a breast-feeding mother.”
Nebraska. Neb. Rev. Stat. § 25-1601(1), (4) (2006) provides that a nursing
mother shall be excused from jury service until she is no longer nursing her child by
making such request to the court at the time the jury qualification form is filed with
the jury commissioner and including with the request a physician’s certificate in
support of her request. The jury commissioner shall mail the mother’s notification
form to be completed and returned to the jury commissioner by the mother when she
is no longer nursing the child.
Oklahoma. Okla. Stat. tit. 38, § 28(D) (2006) provides that breastfeeding
mothers may request to be exempted from service as jurors.
Oregon. Or. Rev. Stat. §§ 10.050(4) (2006) permits a breastfeeding woman
to be excused from acting as a juror, upon the approval of a written request.
Virginia. Va. Code Ann. § 8.01-341.1(8) (2006) provides an exemption for jury
service, upon request, for “any mother who is breast-feeding a child.”
State Laws Providing a General Exception for
Family Caregivers: “Family Friendly Jury Duty
Legislation”
Some state statutes excuse or postpone jury duty for family caregivers. While
they vary, some of these laws may apply to breastfeeding mothers. They are cited
and summarized below. In addition to the laws which are discussed below, two other
states — Colorado and Massachusetts — have “family friendly jury duty legislation”
that do not appear to accommodate breastfeeding activities.7
6 Provision is not codified at this time.
7 Colorado (Colo. Rev. Stat. 13-71-105 (2006)) sets out the qualifications for juror service
and provides for disqualification for service. While an exception is provided for the care
of a permanently disabled person living in the same household, there does not appear to be
a child care exception. Massachusetts (Mass. Ann. Laws ch 234A, § 4 (2006)) sets out juror
(continued...)
Alaska.Alaska Stat. § 09.20.030(a) (2007) exempts a person from service as
a juror upon showing that the health or proper care of the person’s family makes it
necessary for the person to be excused.
Florida.Fla. Stat. Ann. § 40.013(4) (2006) provides that an expectant mother
or a parent who is not employed full time and who has custody of a child under six
years of age may, upon request, be excused from jury service. In addition, the statute
provides that a person may be excused from jury service upon a showing of hardship,
extreme inconvenience, or public necessity.
Georgia. Ga. Code Ann. § 15-12-1(3) (2006) provides an exemption for jury
duty to “any person who is the primary caregiver having active care and custody of
a child under six years of age or younger....”
Illinois.705 Ill. Comp. Stat. Ann. § 305/10.2(b) (2006). A person may be
excused from jury service upon showing that jury service would impose an undue
hardship on account of the nature of the prospective juror’s family situation. It is
further provided that when an undue hardship caused by a family situation is due to
the prospective juror being the primary caregiver of a child under age 12, the juror
is to be excused if the jury commissioner finds that no reasonable alternative care is
feasible which would not impose an undue hardship on the prospective juror.
New Jersey. N.J. Rev. Stat. Ann. § 2B:20-10(c)(3) (2007) provides an excuse
from jury service for a prospective juror having a personal obligation to care for
another, including a minor child, who requires the prospective juror’s personal care
and attention, and no alternative care is available without severe financial hardship
on the prospective juror or the person requiring care.
South Carolina.S.C. Code Ann. § 14-07-860(B)(1) (2006) provides authority
to a judge to excuse jurors for good cause if the person has legal custody and the duty
of care for a child less than seven years of age.
Tennessee.Tenn. Code Ann. § 22-1-104(b) (2006) provides an excuse from
jury service upon a showing that service will constitute an undue hardship and upon
making an oath that the person will, if excused, be caring for the person’s child,
children, grandchild or grandchildren, or ward.
Texas. Tex. Code Crim. Proc. Code Ann. Art. 19.25.[356][407][395](2)
(2006) provides that a person responsible for the care of a child younger than
eighteen years may be excused from grand jury service. Tex. Gov’t Code Ann. §
62.106(a)(2) (2006) provides that a person qualified to serve as a petit juror may
establish an exemption from jury service if the person has legal custody of a child
younger than ten years of age and the person’s service on the jury requires leaving the
child without adequate supervision.
7 (...continued)
qualifications and provides an exception for the care of a disabled person. This exception
would not appear to apply to child care or breastfeeding situations.
Virginia. Va. Code Ann. § 8.01-341(8) (2006) provides for an excuse from jury
duty for “a person who has legal custody of and is necessarily and personally
responsible for a child or children 16 years of age or younger....”
Wyoming. Wyo. Stat. Ann. § 1-11-104 (2006) provides that a person may be
excused from jury duty when the care of that person’s young children requires his
absence.
Pending State Legislation Dealing with
Breastfeeding Mothers and Jury Duty
At the current time, one state’s legislature is considering a bill which, if enacted,
would impact breastfeeding mothers and their jury duty responsibilities. The bill is
cited and summarized below. However, it should be considered, as it is early in the
state legislative sessions, that additional bills may be subsequently introduced.
Wyoming. Wy. H.B. 105 (2007) is a comprehensive legislative initiative
dealing with various aspects of breastfeeding. One of the provisions would allow for
breastfeeding mothers to be excused from jury duty.
Court Rules Which May Provide a Deferral/Excuse
from Jury Duty
This section of the report deals only with state-wide court rules and federal
district court rules for jury service relating to breastfeeding. It does not deal with
local, county, or municipal court rules which may provide 1) a specific excuse for
breastfeeding mothers; or 2) a general excuse under “family friendly” court rules.
State Rule — California. Cal. Rules of Court, Rule 859 (2006)8 provides for
the deferral of jury service. A mother who is breastfeeding a child may request that
jury service be deferred for up to one year, and may renew that request as long as she
is breastfeeding. If the request is made in writing, under penalty of perjury, the jury
commissioner must grant it without requiring the prospective juror to appear at court.
Federal District Court Rules. Many of the federal district courts have made
a provision in their jury plan to excuse or a defer jury duty for persons caring for a
child or children under the age of ten. It appears that the rules vary among the federal
district courts, including even among those located within the same state.
For example, the U.S. District Court for the Central District of California has
a rule concerning individual requests for excuse or deferment from jury duty. This
rule provides an excuse for:
8 Effective July 1, 2001.
Persons having active care and custody of a child or children under 14 years of
age whose health and/or safety would be jeopardized by their absence for jury9
service; or a person who is essential to the care of an aged or infirm person.
In contrast, the U.S. District Court for the Northern District of California provides
an excuse upon the request of a sole caretaker of a preschool child or of an aged or
disabled person, and not otherwise employed.10 In further contrast is the rule of the
U.S. District Court for the Southern District of California, which provides an excuse
for:
2) Any person having active care and custody of a child or children under 10
years of age whose health and/or safety would be jeopardized by absence of such
person for jury service; or a person who is essential to the care of aged or infirm11
persons.
These variations illustrate how different district courts in the same state handle
the “family care” issue under different rules. While it appears that a breastfeeding
mother might be excused from jury duty in these federal district courts, the term
“breastfeeding” is not used, and the language of the rules is different. It is possible
that the rules could be interpreted differently in various breastfeeding circumstances.
Chart Comparison of the Ways in Which Different
State Jurisdictions Deal with Breastfeeding Mothers
and Jury Duty
The following chart compares the ways in which states currently deal with the
issue of breastfeeding and jury duty.
Some states have enacted legislation which provides a specific excuse or
deferral from jury duty for a breastfeeding mother. Other states have enacted more
general “family friendly” legislation that excuses a prospective juror from duty when
faced with various family responsibilities. Depending upon the language of the
statute and its implementation, such legislation may or may not excuse or defer
breastfeeding mothers from jury duty. Legislation is currently pending in Wyoming
to legislatively respond to the issue of breastfeeding and jury duty.
California has a specific state-wide court rule which deals with the issue of
breastfeeding mothers and jury duty. It is likely that local and state courts — where
there is no uniform rule — may have varied, and not necessarily implemented
consistent policies in dealing with breastfeeding mothers and jury duty
responsibilities.
9 General Order Number 99-8, Random Selection of Grand and Petit Jurors; 2.(c)
“Individual Request for Excuse or Deferment” (Oct. 1, 1999).
10 Plan for the U.S. District Court for the random selection of grand and petit jurors. Rule
X.(1) “Excuses on individual request” (Feb. 22, 2001).
11 Civil Local Rules; Civil 83.10 Jury Selection Plan; e. Qualified Jury Wheel; 2 Excuses
on Individual Request.
Comparison of State Jury Duty Laws and Rules Concerning
Breastfeeding
Specific
legislation to“FamilyUniform
Statesexcuse or deferjury duty forfriendly jurydutyPendinglegislationstatewide court
breastf eeding legislation” rule
mothers
Alabama
AlaskaX
Arizona
Arkansas
CaliforniaXX
[Requires that
jury summons
include a
reference to jury
rules for
breastfeeding
mothers].
ColoradoX
[However,
legislation
probably not
applicable to
breastfeeding
mothers].
Connecticut
Delaware
District of
Columbia
FloridaX
GeorgiaX
Hawaii
IdahoX
IllinoisXX
Indiana
IowaX
KansasX
Kentucky
Louisiana
Maine
Maryland
Specific
legislation to“FamilyUniform
Statesexcuse or deferjury duty forfriendly jurydutyPendinglegislationstatewide court
breastf eeding legislation” rule
mothers
MassachusettsX
[However,
legislation
probably not
applicable to
breastfeeding
mothers].
Michigan
MinnesotaX
MississippiX
Missouri
Montana
NebraskaX
Nevada
New Hampshire
New JerseyX
New Mexico
New York
North Carolina
North Dakota
Ohio
OklahomaX
OregonX
Pennsylvania
Rhode Island
South CarolinaX
South Dakota
TennesseeX
TexasX
Utah
Vermont
VirginiaXX
Washington
West Virginia
Specific
legislation to“FamilyUniform
Statesexcuse or deferjury duty forfriendly jurydutyPendinglegislationstatewide court
breastf eeding legislation” rule
mothers
Wisconsin
WyomingXX
Source: Congressional Research Service.