A Maryland judge sentenced a breastfeeding mother to a night in jail or a $150 fine, after she asked to postpone her jury duty.
Elizabeth Jett's baby boy Henry was less than 12 weeks old when she was called for jury duty. "I think it's a case of priorities. Taking care of your children should be your first priority. Jury duty can always come later," Jett said.
Jett asked to postpone and serve during the Summer, when Henry would be older and her mother, a full-time teacher, could take care of him and his five-year-old brother.
The Carroll County judge said Jett was in contempt of court, which Jett thought was unbelievable. "I was just shocked. I couldn't even put it into words," she said.
Legislation that would allow nursing mothers with children under the age of two to be excused from jury duty was introduced for the second time. When the plan was proposed in 2004, many lawmakers shot it down.
Brian Frosh, Chair for the Maryland Senate Judicial Proceedings Committee, said the law would cause more people to try to postpone their duties, "If you start saying, we're gonna excuse people for breastfeeding, you've gotta say ok to kidney dialysis, chemotherapy and all the other maladies that afflict the human condition."
Frosh said the law already gives judges broad discretion to excuse residents from jury duty, "So what we want is for judges to use their discretion liberally."
As for Elizabeth Jett, she has since asked for a waiver, because she can't afford the fine. The judge in the case, Barry Hughes, did not want to comment. The jury commissioner hung up on Andrea McCarren, as soon as she identified herself as a reporter.
In the state of Maryland there is an exception for members of the military:
Are members of the military exempt from jury service?
There is no automatic exemption for members of the federal or state military services. You may claim such an exemption if your jury service on the date requested would unreasonably interfere with the performance of military duties or affect adversely the readiness of the military unit. The form certifying these requirements must be completed by the commanding officer or supervisor of the person requesting exemption.
In the state of Maryland there is an exemption for employers (i guess if your job is important enough):
The date on which my employee is to report for service is one when we absolutely need the employee's services. What can be done?
The period for jury duty can be adjusted, with some restrictions. If your employee is called for jury service on a date not good for your business, most jurisdictions will allow the employee to re-set the date to report for service. You may be asked to document by letter the reason for the postponement. While one postponement usually will be granted, the employee will be expected to be available on the re-set date.
A request for postponement should be made as early as possible. The court will have less flexibility to grant postponements as the day of actual jury service approaches
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As of July 2007 twelve states have statutes specifically addressing breastfeeding and jury duty. Here is a document put together by Melissa R. Vance, JD, Legal Advisory Council on Breastfeeding and Jury Duty.
Here is a website that promotes family-friendly jury duty legislation. One step towards making a family friendly culture.
On that note and completely off the topic of jury duty I want to give many thanks to our local watering hole The Corner Brewery for a family friendly pub! I know it has meant so much to so many families in this area to have a place to go and have a pint with some friends without having to stress about "who are we going to find to babysit the kids???" Thank you.
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