Breastfeeding and Jury Duty, Q&A with Jake Aryeh Marcus, J.D - Page 3

[myfairbabies]

I got the letter about jury duty when dd was around 10 months old, and got it postponed until now (she's 13 months). The lady told me it could only be until she was a year old. But dd still nurses at least once an hour, nurses to sleep, I don't own a pump, and I've never been away from her for more than a few hours (and then she was with dh, we've never left her with anyone else, no family here). On top of that, she's got food allergies (dairy, soy, wheat, nuts) so I'm on an elimination diet also. Anything I can do to get out of it? Do they provide food or can I bring my own? Would they provide time and space to pump every 2-3 hours (we recently went on vacation and I only nursed every 3 hours and got plugged ducts)? I'm in Utah. Thanks!

[crystal_buffaloe]

This is hypothetical. However, I would really like to serve on a jury, if called. However, I would need to take a break to pump every 3-4 hours. When should I explain that? Would it be too late to file for an exemption if I found out at selection that that wouldn't be possible? I've had mastitis twice, and fear of the recurring infection is much greater than my desire to fulfill public duty here.

I live in Missouri.

[Jake Aryeh Marcus]

Originally Posted by myfairbabies

I got the letter about jury duty when dd was around 10 months old, and got it postponed until now (she's 13 months). The lady told me it could only be until she was a year old. But dd still nurses at least once an hour, nurses to sleep, I don't own a pump, and I've never been away from her for more than a few hours (and then she was with dh, we've never left her with anyone else, no family here). On top of that, she's got food allergies (dairy, soy, wheat, nuts) so I'm on an elimination diet also. Anything I can do to get out of it? Do they provide food or can I bring my own? Would they provide time and space to pump every 2-3 hours (we recently went on vacation and I only nursed every 3 hours and got plugged ducts)? I'm in Utah. Thanks!

Following is the statute in Utah governing excuse from jury duty:


**** 78B-1-109.** Excuse from jury service -- Postponement.
**** (1) A person may be excused from jury service by the court upon a showing of undue hardship, public necessity, or that the person is incapable of jury service. The excused period may be for any period for which the grounds exist.
**** (2) The grounds for excusal from jury service shall be shown by affidavit, sworn testimony, or other competent evidence.
**** (3) The court may postpone jury service upon a showing of good cause.

So it looks like you go through the same procedure you went through last time and whether it is granted it likely discretionary.

Food is provided for you while in jury duty but you will likely need a letter from a doctor stating that you have a medical need for a specific diet. I also suggest providing doctor support for your child having a medical need for a restricted diet. That takes you out of the pool of people who are "just" breastfeeding (obviously you dealt with someone who thinks a year is enough because the one year limit is not in the law) and into people with medical needs.

Hope that helps but there appears to be no guarantee in your situation.

[Jake Aryeh Marcus]

Originally Posted by crystal_buffaloe

This is hypothetical. However, I would really like to serve on a jury, if called. However, I would need to take a break to pump every 3-4 hours. When should I explain that? Would it be too late to file for an exemption if I found out at selection that that wouldn't be possible? I've had mastitis twice, and fear of the recurring infection is much greater than my desire to fulfill public duty here.

I live in Missouri.

I always recommend treating the need to pump like any other medical necessity. I would come prepared with a doctors note stating the frequency at which you need to pump and the medical conditions that might result if that is denied. I would assume the court is not prepared to accommodate pumping so you need to show you have a medical need for it. I know of cases where pumping is accommodated but often the place is public or disgusting (yes, the bathroom) and the breaks too infrequent. So I would count on needing to show this is a medical necessity like checking blood sugar or taking insulin.

[smeep]

I was called once while nursing ds1 (probably in his first year, but I can't remember specifically) and I simply checked "breastfeeding" on the form and sent it off. Haven't heard a thing since. I'm in Texas.