Breast-feeding moms exempt from jury duty under new law

When Marybeth Baldwin of Honolulu got a summons to jury duty last year, she went down the exemption list on the back of the form to see whether she could be excused.

Baldwin, 38, was breast-feeding her infant daughter at the time.

“They have a list of who’s excused and a specific question about women who are breast-feeding, and it says no, you cannot be excused unless you submit a request,” she said. “So I thought, I’ll go down. I’ll bring my pump. I don’t want to shirk my civic duty.”

Thanks to Act 46, signed by Gov. David Ige on May 3, breast-feeding mothers like Baldwin will be able to seek an exemption from jury duty for up to two years, starting March 1. More than a dozen other states have similar laws, including California, New York and Virginia.

Before learning the case she had been summoned for was settled before trial, Baldwin, a teacher, was worried that having to pump breast milk every few hours would be disruptive to the proceedings. She even feared she might be found in contempt of court.

Nursing moms also face severe discomfort and potential embarrassment from leaks if not able to nurse or pump at will.

“I’m so happy that other mothers won’t have to go through that same stress,” said Baldwin, who testified in support of the bill.

Prior to Act 46, jury duty exemptions were available for stay-at-home parents providing care for their children under the age of 5, but there was no explicit language covering women who were breast-feeding.

In comments to the state House Committee on Human Services in March on the proposed legislation, the state Judiciary pointed out it already allowed breast- feeding mothers to request to be excused from jury duty and ensured private, designated spaces in courthouses for them to nurse or pump.

“We are aware of no situation before or after the passage of Act 46 where a nursing mother’s request to be excused from jury duty has been denied,” said Judiciary spokeswoman Tammy Mori.

With the new law, Mori said, a breast-feeding mother can ask to be excused via the same process as a stay-at-home parent by submitting a written request along with a copy of the child’s birth certificate or a physician’s note.

Mori also noted that many of the nine court facilities in Hawaii have designated nursing rooms, and the ones that do not have witness interview rooms available for that purpose. A mother can call the courthouse to make accommodations in advance.

Baldwin said that based on the information in her jury summons letter, she was uncertain whether she qualified for an exemption.

“I’m not a stay-at-home mom,” she said. “I’m a breast-feeding mom who works, and I have a different situation.” Mori said the website and letter will be updated to reflect the new law.

State Sen. Maile Shimabukuro (D, Kalaeloa- Makaha), who breast-fed her son until he was 3 years old, introduced the bill on behalf of the Women’s Legislative Caucus. Debrah Trankel, a registered nurse and lactation consultant, pushed for the law for three years because some judges were excusing breast-feeding moms and others were not. Trankel said the issue isn’t just about convenience for breast-feeding women, but making sure infants get a healthy start in life.

The American Academy of Pediatrics recommends exclusive breast-feeding for six months, followed by continued breast-feeding for one year or longer.

“The more support after she leaves the hospital, the more successful the breast-feeding,” Trankel said. “So if we can remove those barriers, it really is helpful.”

Breastfeeding Hawaii was another backer of the bill that became Act 46. The nonprofit was successful in 2013 pushing for a law requiring employers to accommodate moms pumping at work for up to one year after childbirth or face a $500-per-violation fine.

The group is working on a feasibility study for establishment of a breast-milk bank, according to its president, Le‘a Minton, and advocating that hospitals statewide stop handing out infant formula and coupons that tempt new moms to forgo breast-feeding.

JURY DUTY EXEMPTIONS

The following can ask to be exempted or excused from jury service:

>> Elected officials during the legislative session; judges; practicing physicians or dentists; members of the U.S. armed forces deployed out of state; active members of the police, fire or emergency medical services; individuals 80 years of or older

>> Individuals who are traveling; primary caregivers to someone who is incapacitated and requires 24-hour care; student attending college out of state; a person who is no longer a resident; stay-at-home parents providing care for their children under the age of 5; people with a disability or medical condition that will prohibit them from serving as a juror

>> Starting March 1, 2017, breast-feeding mothers

TO BE EXCUSED

Requests must be submitted in writing, postmarked at least two weeks prior to the appearance date, to the Jury Pool Office, 777 Punchbowl St., Honolulu, HI 96813. Requests may also be faxed to 539-4370. Include a copy of your summons and provide a phone number with your request. For a breast-feeding mother, a copy of a birth certificate or physician’s note might be requested.