Breastfeeding and Jury Duty, Q&A with Jake Aryeh Marcus, J.D - Page 2 - Mothering Forums

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#31 of 45 Old 06-02-2010, 10:42 PM
 
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Thanks so much for the information.
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#32 of 45 Old 06-02-2010, 10:44 PM
 
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Wow, Virginia is awesome! What's the law in NY?

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#33 of 45 Old 06-02-2010, 10:57 PM
 
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Wow, Virginia is awesome! What's the law in NY?
New York is not so friendly. Every county has a different rule and for some you can't apply for a postponement via web. If you get a summons for state court in NYS, go to http://www.nyjuror.gov/users/wwwucs/ where you input your county. It brings you to the available rules for the county.

Now for federal court, you are in good shape, regardless of which of the four, count em four, different federal court district calls you. The info at http://www.familyfriendlyjuryduty.or...s/page0017.htm is still accurate as to NYS federal courts. Each one will excuse you if you have "active care" of a child under either age 10 or 12 (depending on the federal district). Either the form you receive or a contact number will give you the procedure.

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#34 of 45 Old 06-02-2010, 10:58 PM
 
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Thanks so much for the information.
No problem.

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#35 of 45 Old 06-03-2010, 12:41 PM
 
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I'm in CT, and have a date to serve in the 1st week of January. I'm currently pregnant with my 3rd child (morning sickness was the reason I was able to postpone), and will be breastfeeding when I'm called. Any idea if I could get an exemption or what the law is here regarding mothers and jury duty? Thanks so much!
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#36 of 45 Old 06-03-2010, 01:13 PM
 
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I'm in CT, and have a date to serve in the 1st week of January. I'm currently pregnant with my 3rd child (morning sickness was the reason I was able to postpone), and will be breastfeeding when I'm called. Any idea if I could get an exemption or what the law is here regarding mothers and jury duty? Thanks so much!
In federal court - Federal District Court of Connecticut - the information you need is here: http://www.ctd.uscourts.gov/PDF%20Do...ver%20Page.pdf where on page 9 it states you can be excused from jury duty of you are: "persons having active care and custody of a child or children under 13 years of age
whose health and/or safety would be jeopardized by the individual’s absence for jury service, or a person who is essential to the care of an aged or infirm relative;"

As for CT state court, the relevant statute is here: http://www.cga.ct.gov/2009/pub/Chap8...#Sec51-217.htm . It appears that while you may apply to be excused on the basis of "extreme hardship" and are exempt of you are physically disabled, this will be decided on a county by county, court by court basis. There appears to be no clear state excuse or exemption in CT that would apply to breastfeeding mothering or people with primary care taker responsibility.

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#37 of 45 Old 06-04-2010, 09:35 AM
 
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Yeah, unfortunately for me, it's a state court summons. Blah. No wonder they were so rude about everything when I called. The lady had said I'm legally required to serve within a year of my original date, no matter what. Sigh. Thank you for the help! I really appreciate it.
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#38 of 45 Old 06-04-2010, 10:00 AM
 
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New York is not so friendly. Every county has a different rule and for some you can't apply for a postponement via web. If you get a summons for state court in NYS, go to http://www.nyjuror.gov/users/wwwucs/ where you input your county. It brings you to the available rules for the county.

Now for federal court, you are in good shape, regardless of which of the four, count em four, different federal court district calls you. The info at http://www.familyfriendlyjuryduty.or...s/page0017.htm is still accurate as to NYS federal courts. Each one will excuse you if you have "active care" of a child under either age 10 or 12 (depending on the federal district). Either the form you receive or a contact number will give you the procedure.


ok, so... for my county it says:
Quote:
Children: Ages and an explanation as to why you cannot make arrangements for care, and if employed, documentation verifying your hours of employment.


So, will the fact that my child refuses a bottle count or, um, how would that work? (and I have to say, i'm so glad that I haven't been called since having kids since I'm a SAHM and have been breastfeeding this whole time...)


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#39 of 45 Old 06-04-2010, 12:49 PM
 
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ok, so... for my county it says:
[/SIZE]
So, will the fact that my child refuses a bottle count or, um, how would that work? (and I have to say, i'm so glad that I haven't been called since having kids since I'm a SAHM and have been breastfeeding this whole time...)

[/SIZE]
Hmm, that looks like you need to try the inability to get child care route. With a rule like that, you are somewhat at the mercy of whoever is making the determination of whether you meet the criteria. Might be someone cool or someone who is going to give you a hard time. Hopefully, you won't get called.

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#40 of 45 Old 06-04-2010, 12:52 PM
 
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Yeah, unfortunately for me, it's a state court summons. Blah. No wonder they were so rude about everything when I called. The lady had said I'm legally required to serve within a year of my original date, no matter what. Sigh. Thank you for the help! I really appreciate it.

Well, there is a hardship argument. The person answering the phone didn't tell you about it so the next step is to ask how one requests excuse on the basis of extreme hardship. Don't give up until you have exhausted the possibility. It may not work but at least you can try.

Go luck!

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#41 of 45 Old 07-11-2010, 01:34 AM
 
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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!

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#42 of 45 Old 07-12-2010, 11:49 AM
 
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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.

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#43 of 45 Old 07-13-2010, 01:15 PM
 
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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.

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#44 of 45 Old 07-13-2010, 01:20 PM
 
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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.

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#45 of 45 Old 07-14-2010, 05:06 PM
 
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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.

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