Jury Duty Breastfeeding Exemption DENIED - UPDATE #12

[gen_here]

I have a friend the next town over who was called for jury duty. The letter said something to the effect "We know some of you are caring for children or aged parents - this is not an exception." She got a letter from her doctor stating that she is a breastfeeding mom and needs to be with her child (her son is 9.5 months). She just got a letter this morning stating that she had to report for grand jury selection this coming Monday. She had been following up with the court house - they received her letter and they received the letter from the doctor, but she still is to report.

I'm going with her as moral support, trying to encourage her to wear the baby in her sling when she goes in (but I'll be there in case they won't let him in).

She's looking for resources to print out and bring with her. She knows of the stuff on LLL's site, and I recommended she print out the breastfeeding statements from the AAP and WHO. What else should she bring?

[gen_here]

Here are a couple links provided to me at a different site (in case someone else comes back here looking for help at a later date). Basically, as things stand right now, breastfeeding moms have no protection under the law in South Dakota.

http://www.house.gov/maloney/issues/breastfeeding/20050517_CRS_Jury%20Duty.pdf

This one is just sick - http://www.familyfriendlyjuryduty.org/HallOfShame/HallOfShameSD.htm

[SumnerRain]

I have nothing to add, but I hope it all works out for her... how aweful!

[karlin]

I have a friend who just went through this very thing. A bill is currently being introduced in the state legislature, but it will take awhile to get passed and turn into law (or however it works). A bunch of us moms in our local AP mom's group called the governor's office, which in turn called the judge!! He was still a big ass about it (she took her 3 month old with her in a sling, and the judge told her if she did it again he would find daycare for the baby!!), but she didn't have to serve after that thankfully. Where are you in SD? We Rapid City mom's can help you.

Karlin

[karlin]

adding: Do a search on the breastfeeding advocacy board for more info. I started a thread about my friend in December.

[amyjeans]

He was still a big ass about it (she took her 3 month old with her in a sling, and the judge told her if she did it again he would find daycare for the baby!!)
There is something just not right about this. That judge, I feel, could be in big big trouble making that statement.
I would have persued that with an attorney regarding dicrimination. That's what it is.
And, uhm...I don't think she brought her 3 mo to court because of a lack of babysitters...:eyesroll
IF I were in your situation- go to court, do the jury duty and bring the baby. Nurse openly and proudly.
If she gets any lip-remind them that a mother can nurse anywhere , anytime.(obviously sighting current laws that protect a mamas rights in your area)
She is the mama and must stand up for the health and well being of her child- regardless of the baby's age!

[TechnoGranola]

I have a friend who just went through this very thing. A bill is currently being introduced in the state legislature, but it will take awhile to get passed and turn into law (or however it works). A bunch of us moms in our local AP mom's group called the governor's office, which in turn called the judge!! He was still a big ass about it (she took her 3 month old with her in a sling, and the judge told her if she did it again he would find daycare for the baby!!), but she didn't have to serve after that thankfully. Where are you in SD? We Rapid City mom's can help you.

KarlinWas your friend the one in the link that gen_here posted? http://www.familyfriendlyjuryduty.o...llOfShameSD.htm That is one sad story, and it happened so recently! :(

[karlin]

Maybe I should follow links more often. :shy Yes, Jennifer is the friend I was talking about. She is the sweetest, most wonderful mother too.

Please call the governor's office. They can help you until the bill is passed. Call your local tv or newspaper.

[dynamicdoula]

Sometimes moms are forced to show up for jury selection and then are excused when they get to the stand. I would make sure to say that I am breastfeeding an infant who does not take a bottle, or has food allergies or something! Make them not WANT to keep you there. :)

Or she could get up on the stand and act like the Cat Lady from the Simpsons! :lol

[jengi33]

Unfortunately our bill sponsors did not introduce the bill due to "lack of support and this is a non-issue".

Here's the info I received
Regarding the SD breasfeeding exemption legislation, I received a call from Tom & Quin Brunner. Neither he nor the sponsor of the other jury exemption bill have been able to drum up any support for the two bills. Everyone else feels it is not an issue - that they do not want to spend political capital on a non-issue.

So they are planning on taking the issue before a judiciary committee or board to see if there can be a consistent way of handling breastfeeding moms and certain caregivers by the different judges in SD. They feel that is the best they can do at this point. If that goes nowhere, they will bring it back to the Legislature, but it will probably not be this year.

Extremely frustrating to say the least!

[gen_here]

WHAT?!?!?!

How about letting those of us it would effect speak to it?!?!?!?! This state is so backwards!!!!! It's mainly a farming state, but things like natural assisted home birth and breastfeeding aren't legally protected! Maybe if we start insisting that they call a vet every time a farm animal is birthing they would get a flipping clue!

[gen_here]

Okay, I went with my friend for the jury selection (this was for grand jury - where they get to ask the arrested questions, and the lawyers, and decide from there if there's enough evidence to proceed. She was the youngest in the pool (she's in her early 30s - there was another woman maybe late 40s, and everyone else - I'm not kidding - was most likely drawing social security). They took them all up to the courtroom (we were in a meeting room below) at 11, and my friend left her son with me while Geof had Robert. We saw one guy leave within 10 minutes (and he was kinda cocky in the meeting room... he must have known he'd be getting off... he does the taxes for the prosecuting attorney). We saw another few people leave after a bit. Her son was fine for about 25 minutes, but then I had to walk him the whole time.

Anyway, right at noon (they said it would take about an hour) I heard my friend and I walked her son back to where she was standing. SHE WAS CHOSEN! She's "on call" for THE ENTIRE YEAR. They all had their chances to tell the judge why they should be let go, and NO ONE other than the tax guy was let go (not someone with severe diabetes, and not someone who is MOVING OUT OF THE COUNTRY either).

Here's the kicker... do you know how they were selected? THEIR NAMES WERE DRAWN FROM A HAT! So, the people that were let go before her, they could have been free (supplemental income to Social Security anyone?). The judge just wanted to prove he was in charge.

She was told that, if they do call her for a case, that the jury are the ones that call the breaks. She said she would need to nurse her son a minimum of once every 2-3 hours, and the chick doing the interviewing (not the judge) said that the cases never really take more than 3 hours.

So, she's composing a letter to the Governor and our representatives, and she's bringing it to our La Leche League meeting to ask the ladies to write something similar. She's also going to include the brochure that I pointed out to her in the hallway just outside where we were waiting (Breastfeeding your infant - the perfect nutrition for the first 12 months).

On a funny note, my mom called tonight to see if Geof needed bail money for me =) It made my friend laugh after a trying day.

[mclisa]

Is there any info on how other states handle this?

McLisa

[gen_here]

Is there any info on how other states handle this?

McLisa

Other states have had it brought up before their legislature. I know that Kansas recently handled this, as did MO. The problem is that our law makers didn't even feel it was important enough to get it to the floor - that it was a non-issue. The fact that the Governor was in favor of trying to change the judge's mind in the one link (something like "Hall of Shame" in one of the early posts in this thread) makes it seem like he's our next most possible way to have some light shed on this topic.

[mclisa]

I'm going to try to get this info to one of the legislators this weekend. He was the one that tried to pass the tax exemptions for placing areas for pumping at places of work. Apparently he was called the Boob Man for his efforts. I figure we should help him maintain that title.

[veganf]

Wow, I just can't imagine being harassed by a judge like that. All I did was send in my jury duty slip saying I wanted to postpone serving for 1 year (the most time allowed) because I was nursing my 1 1/2 year old son.
So when August rolls around again, and I get the new summons...I'll either be 9 months pregnant or have a newborn, and there's NO WAY they'll make me serve, I don't care what they say. I think I can just send the slip back AGAIN saying I am due that month, we'll see. But I think if I was her I'd have been more bitchy about it and definitely brought the baby with me in arms.
There's no way she should have to serve with a note from her doctor. That's crazy!!

- Krista

[Zeppy3]

Is there any info on how other states handle this?

McLisa
Hi guys, I've been following your JD situation, and am totally disgusted!!

F.Y.I., At this link: http://www.familyfriendlyjuryduty.org/JuryStates/JuryStates.htm
you will find that there are are several states that excuse BF moms from jury duty, the most recent ones being Kansas & Mississippi.
Several other states have FF jury duty legislation in the works that would excuse BF moms -- including Missouri & Michigan.

In addition, many states excuse those who have to care full-time for a young child or disabled family relative, which could help BF moms that are in that type of situation (caring for a young child at home).
I believe about 75% of Federal Courts have these kinds of accommodations...
Why don't all 50 state courts have something similar?

--------------------------------------------------------
You'll find this little tidbit galling:
I was looking over the SD legislature's website, and saw that they proposed & passed House Bill 1204 in Feb. 2006 (which exempts certain persons from jury duty based on their religious beliefs)
Here is a summary of the bill:
http://legis.state.sd.us/sessions/2006/bills/HB1204p.htm
Here is a link that shows the bill passed:
http://legis.state.sd.us/sessions/2006/1204.htm

MY POINT: The legislature obviously considered this bill important enough to pass -- (so much for jury duty legislation being a "non-issue").
Heavens, they excuse people b/c of their religion, why not allow BF moms to be excused from jury duty???! :scratch

(Too bad the sponsors of the previous BF jury duty legislation couldn't have amended HB 1204 to include jury duty provisions for BF moms!)

I think you guys should really get on those representative's backs and get them to do something.
"Non-issue", my a**!! :hopmad

Zeppy

[Greensleeves]

:shake Just another example from our detachment oriented culture.

[Greensleeves]

Those cases from that website are outrageous. This all seems like a no-brainer!

What kind of culture is this. In many other cultures they would not even question that the baby belongs with his mother. Mother=vital food for the infant! Urgh. This country is run by people with their heads up their bums. :irked: