The Alabama Supreme Court unanimously decided on Friday that women who are breastfeeding will now be exempt from jury duty. This decision came in response to significant public concern following an incident where a mother reported being threatened with intervention from child protective services for bringing her nursing infant into the courtroom.
The Court’s administration order mandates that judges across Alabama must establish and follow written protocols that allow breastfeeding mothers to be excused from serving on juries. Prior to this ruling, the state’s legal framework did not offer specific provisions for nursing mothers seeking exemptions from jury duty.
The order clarifies that a nursing mother with an infant is eligible for exemption from jury duty under current court regulations. Furthermore, it states that requests for this exemption can be submitted via phone, email, or written application, prior to jury selection. All nine justices supported the order.
A 2021 report from the National Conference of State Legislators noted that currently, 22 states have enacted laws offering specific exemptions for breastfeeding mothers. An attempt to introduce similar legislation in Alabama in 2022 ended without a vote.
This new directive was particularly influenced by testimonies from multiple mothers in Jefferson County, including Birmingham, who reported feeling bullied and intimidated by judges for bringing their nursing children to court. Kandace Brown shared her ordeal on Facebook, detailing how a Jefferson County circuit court judge threatened to reach out to the Department of Human Resources if she did not arrange for someone else to take her 3-month-old baby from the courthouse. Brown mentioned that two other mothers faced similar threats.
Brown also expressed her frustration in her post, stating that she had previously filed for exemption from jury service but was denied before receiving the jury summons. She emphasized the necessity of having her baby with her, arguing that without her presence, her child would suffer due to lack of nutrition.
After eventually being released from jury duty, Brown was informed she would need to appear again the following day, this time leaving her infant at home, to which she strongly objected. She expressed her bewilderment at being instructed on how to care for her child.
Following Brown’s public account, a number of other mothers came forward with similar experiences, and her post garnered over 1,000 likes on Facebook over the weekend.
Judge Shanta Owens of Jefferson County Circuit Court referred to the earlier events as a “miscommunication.” She later stated to a local news outlet that the juror was promptly excused after arriving for service, along with others in similar situations.
As a former nursing mother herself, Owens voiced her understanding and support for mothers in such circumstances, asserting that she would grant jury duty exemptions as needed.
Circuit judges across Alabama now have a 30-day window to implement the new written procedures following the Supreme Court’s ruling.
