Alabama Supreme Court: Nursing mothers exempt from jury duty after outcry over Jefferson County controversy
Alabama judges will be required to have written procedures in place to excuse nursing mothers from jury service under an order issued days after a Jefferson County mother said she was threatened by a judge when she reported for jury duty with her breastfed child.
The Alabama Supreme Court on Friday issued the unanimous administrative order stating “that a nursing mother of an infant child clearly qualifies for the excuse from jury service” under state judicial code.
That code states “a person…may apply to be excused from jury service by the court only upon a showing of undue or extreme physical…hardship.”
The definition of “hardship” includes “circumstances in which an individual would… be 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.”
The order states that it was created after the court was “made aware of situations in Jefferson County,” referring to several Alabama mothers who claim they were harassed and threatened by Jefferson County judges for bringing breastfeeding babies with them for jury duty.
Kandace Brown, who says she was threatened with DHR for bringing her three-month-old daughter with her to jury duty, told AL.com that she called and turned in forms to be excused prior to reporting to the courthouse but was refused.
This occurrence should be prevented under the new order.
“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,” it reads.
Within 30 days of the order, all presiding circuit judges in Alabama are required to provide a written report to the Administrative Director of Courts “addressing their respective procedures for complying with this order,” the document states.
Brown says she is “overwhelmingly thankful to God for His people” for the change.
“I never imagined a single Facebook post would lead to a change in law just four days later.”
Brown initially posted about her experience on Jan. 13.
The story gained national attention, and other local mothers came forward with their own stories about similar issues in Jefferson County court.
In a post this morning, Brown also thanked Alabama Reps. Susan DuBose, R-Hoover and April Weaver, R-Brierfield, who started working this week on legislation that would exempt nursing mothers from jury duty for up to two years.
She also thanked State Auditor Andrew Sorrell, who sponsored legislation that would have established this law two years ago.
“I just pray judges and court officials will no longer intimidate or berate mothers that have no childcare and no other choice who bring their children to jury duty,” Brown wrote.
“Breastfeeding moms are protected now. I pray the other moms are protected too … I pray the hearts of the judges are softened and they can discern better for mothers that are just trying to care for their children.”
Brown has claimed Jefferson County Circuit Court Judge Shanta Owens threatened to call DHR on her. She added that Circuit Court Judges Elisabeth French and Marshell Jackson Hatcher also addressed the group.
Judges French and Hatcher have not commented on the situation.
Owens, in a statement to AL.com on Wednesday, said Brown was excused and called the situation a “misunderstanding.”
“The juror was indeed excused a short time after arriving for jury service, as was any other similarly situated individual called for jury service,” Owens’ statement read. “I, too, am a mother and have been a breastfeeding mother previously and therefore, would excuse jury service for a period of time for any individual under the circumstances.”
Owens added that under state law “there are well-established mechanisms in place to excuse individuals from jury duty prior to service.”
“I take these procedures seriously to ensure that the jury selection process runs lawfully, smoothly, and efficiently. If any additional laws are enacted regarding jury service or any other matter, I would be delighted to follow those laws as well,” Owens wrote.