Breastfeeding moms can be excused from jury duty, according to an order from all members of the Alabama Supreme Court on Friday.
The issue came to light recently after a Jefferson County mother was forced to report for jury duty while breastfeeding her three-month-old baby girl.
Kandace Brown, of Morris, received a jury summons in December. She attempted to call to be excused and filled out a form but never heard back.
While in the excusal process, Brown said Jefferson County Circuit Judge Shanta Owens mentioned that she could hear children. Governor Kay Ivey appointed Owens to the Jefferson County Circuit Court in 2019.
"She thanked everyone for being there and she said, 'I can't see them, but I hear there are children here today. Any mother that has brought a child with them needs to make accommodations for their child to come and picked up. I would hate for DHR to be involved," Brown said of Owens.
According to the order from the Alabama Supreme Court, "this Court, having been made aware of situations in Jefferson County in relation to the law of excusing prospective jurors…WHEREAS, § 12-16-63(b)(2)a. states that "[a] person ... may apply to be excused from jury service by the court only upon a showing of undue or extreme physical ... hardship," which includes "circumstances in which an individual would ... [b]e required to abandon a person under his or her care or supervision due to the impossibility of obtaining an appropriate caregiver during the period of participation in the jury pool or on the jury."
"It is this Court's considered opinion that a nursing mother of an infant child clearly qualifies for the excuse from jury service enunciated in § 12-16-63(b)(2)a., and that the "other competent evidence" from a prospective juror seeking to be excused may be submitted by telephone, electronic mail, or in writing in advance of the prospective juror's summoned date," members of the Alabama Supreme Court wrote in their order.
The Alabama Supreme Court also ordered, "All presiding circuit judges of this State shall ensure that appropriate procedures are in place for a prospective juror claiming an undue or extreme physical or financial hardship to be able to contact their courts and receive prompt responses from their courts before the prospective juror's summoned date and without the necessity of appearing in person to apply to be excused from jury service."
Within 30 days of the date of the order, all presiding circuit judges will have to provide a written report to the Administrative Director of Courts addressing their respective procedures for complying with the order.
FILE_4228 by Caleb Taylor on Scribd
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