Just got this in email. Do we have any lactnetters in Boise?
I have offered to put this mom in touch with Liz Baldwin.
Margie Forrest, RN, BSN, IBCLC
The Lactation Corner at Palms West Hospital
Loxahatchee, FL (near Lisa in Wellington)
<<
Hello Friends, You may or may not know me personally; my name is Siri
Wright. I am the Boise mother going to trial for not leaving my nursing
child in order to serve on jury duty. Many people have been helping to
share
my story so you may have heard some of what has been happening. Here is
the
rest. I am the mother of two small children, 4 and 2. My daughter is
still
nursing. She has never been away from me. We are indeed a unit. My
children
have never been to daycare and have never had a babysitter. Idaho law
provides that " a mother nursing her child shall have jury service
postponed
until she is no longer nursing the child." (Idaho Code, section 2-209)
The
jury commissioner, Marji Shepherd, had grudgingly postponed me from jury
service and refused to postpone me any longer. On August 28, 1999 I
received
a call from Marji Shepherd. She said I had to give her a date within the
next four months when my daughter would stop nursing and I could serve.
I
explained, as I had explained our situation to her before, that I was
not
able to give her a date, but that I would be happy to serve when my
children
were not so dependent upon my care. She told me that that was
unacceptable
and assigned me a new jury service date for December. On December 9,
1999 at
8:00 a.m., I reported, with my children, to the jury commissioner's
office.
Upon giving the clerk my reporting number, Marji Shepherd stormed out of
her
office. She snapped, "CHILDREN ARE NOT ALLOWED IN HERE! THIS IS NO PLACE
FOR
CHILDREN!" I told her I agreed that it was not. I again explained my
circumstances. I explained that my daughter was still nursing and could
not
be separated from me, that my children had never had a babysitter, that
I
had no daycare and had no money for one, and that I had no family in
state.
I also explained that my husband was away on a mobile job and was
unreachable. She insisted, "THAT'S JUST NOT THE WAY THE WORLD WORKS!"
Then
she demanded, "YOU TAKE THEM SOMEWHERE AND YOU'D BETTER DO IT FAST
BECAUSE
THEY'RE ABOUT TO START!" I told her I was not able to do that. She said,
"I'M MARKING YOU DOWN AS A NO SHOW!" and then said that she would
proceed
with having me prosecuted for contempt of court. Her hostile tirade
finally
ended with her saying , "AND DON'T YOU DARE BRING THOSE KIDS WITH YOU TO
COURT!" This was very upsetting to the children and my little boy clung
to
my leg, actually trembling. At my home on Monday, January 24th at 2:30
p.m.
I was served with an order to appear in court. Two deputy marshals
served me
with a summons and one pointed to the hearing date, Wednesday, January
26,
9:00 a.m. "As you can see", he snickered, "that's comin' right up."
(This
was not the legal amount of time between service and court. "An order to
show cause must be served at least 5 days prior to the date of the
hearing."[Idaho Court Rules, Rule 6 © (2)]) At the court hearing just
over a
day later, Judge Horton did not dismiss the case as I had hoped. Rather,
he
chose to take it to trial. I plead not guilty to a charge of criminal
contempt. This charge carries a penalty of 3 days in jail and a $100
fine.
The attorney was able to get a continuance and I was assigned a trial
date
of March 13. I feel the charges were not dismissed at the first hearing
because the judge, the prosecutor and the jury commissioner intend to
make
an example of me. I believe the judge has already made up his mind. As
it
turns out, it was Judge Horton's court in which I was unable to serve on
the
jury. It seems as if he has taken my inability to serve, personally. I
am
asking for as many people as possible to join me at the courthouse on
Monday, March 13th at 9:00 a.m. I believe who is watching and how many
are
watching will be what it takes to influence Judge Horton's decision on
the
day of the trial. I wish I could rely on the fact that the law is on my
side. However, since the law has not been followed so far I must rely on
silent support at the courthouse on the morning of the trial. I hope
that
the support of the community and the media coverage (there will be media
coverage) will cause the judge to reconsider his position. Perhaps, with
many eyes upon him, it would be too costly professionally to convict a
mother who has not broken the law. I care for my children at home,
myself.
That is not illegal. This situation has caused such upheaval in our
lives
and I don't want any other family to have to go through this ordeal.
This is
an important issue not only for nursing mothers but also for single
income
families, single parents, homeschoolers, and anyone home with children
or
caring for family members. I wonder how many other people have been put
through something like this? If you would kindly forward this letter to
two
people it would encourage others to show their support and help raise
community awareness surrounding this unnecessary injustice. The trial is
Monday, March 13 at 9:00 a.m. The Ada County Courthouse is located at
514 W
Jefferson. (just east of the Capitol building on the next block) Judge
Horton's court is on the 3rd floor and the courtroom will be posted.
This is
a show of support; not a protest and no one will be called to testify.
Please feel free to contact me if you have and questions or comments, or
would like to help further. I'd love to have a copy of any letters or
e-mails sent on my behalf. Sincerely,
Siri Wright
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