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From:
Baldwin & Friedman <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Mon, 9 Oct 1995 12:17:40 -0400
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In regards to how to handle jury duty, I assume that the mother checked the
laws of her state to see if there were any other exemptions that would
apply.  That is the FIRST step.  For instance, Florida exempts all parents
at home caring for children under the age of 6, so brf. mothers don't have a
problem here.

If there are no other exemptions, then educating the Judge is just about all
that can be done.  I don't believe a standard letter is the solution, but
rather giving information based on the case at hand.  It is very different
based on the age of the child.

For instance, educating the Judge about Iowa's law exempting breastfeeding
mothers may help.  And that came about NOT with an infant, but a toddler.
Other materials to share with the Judge are "Breastfeeding Makes a
Difference", the 95 Breastfeeding Fact Sheet, all available from LLLI.  Most
Leaders have these also.

I was amused by Dr. Ahrendsen's suggestions, but keep in mind that some
courts don't allow babies in the courtroom AT ALL. This is true in Miami.
If the mother brings the baby to the courtroom, and it is not allowed, she
has much worse problems to worry about than jury duty ...!

It is a concern about the age of the baby.  Our society is not supportive of
breastfeeding.  However, I am not aware of any case that alleged child
abuse/neglect for nursing at age 2.  I have had mothers reported for nursing
a 4, 5, 6, and even an 8 year old, and EVERY ONE OF THOSE CASES was resolved
on the breastfeeding issue - in other words, the Social Service Agency did
NOT find it to be abuse/neglect for nursing as late as age 8!

Back to the issue at hand:
        1.  One can let the judge know that the mother and baby will have a
very difficult time separating, and if she is breastfeeding enough to have a
good milk supply, educate on leaking, need to pump, breaks to pump or
nurse.The mother can take the baby to the courthouse and have someone ride
elevators, etc. until break time when she can nurse, but I don't recommend
bringing the baby into the courtroom unless you know that is OK.  However,
there is one case where the judge allowed the mother to nurse her baby
during jury duty!
        2.  Try to get the judge to help solve the problem - take baby with?
Baby in hall for breaks? Place to pump? Put off till baby older?

Keep in mind that most lawyers won't want you on the case if you are so
distracted about your baby that you can't concentrate ...

Leaders, remember to contact your APL with these cases.  I believe that
someone in the PL dept. did write a letter for a mother, and it might have
been in your area!

Liz

PS I had a GREAT time in New England!  I really miss seeing the trees turn -
it was just beautiful!!
Elizabeth N. Baldwin,  Esq.   305-944-9100  Home office:  305-940-7873  Fax:
305-949-9029
E-mail:  [log in to unmask]    or    [log in to unmask]
Attorney specializing in breastfeeding and the law; Leader; LLLI Legal
Advisory Council

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