On January 13, an Alabama circuit court judge threatened to call the Alabama Department of Human Resources (DHR) on a breastfeeding mother who brought her three-month old infant to jury duty with her. Four days later, the Alabama Supreme Court issued an Administrative Order excusing nursing mothers from jury duty.

Alabama joins 17 other states that have put in place protections for breastfeeding mothers summoned for jury duty. These states include California, Connecticut, Idaho, Illinois, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Oregon, South Dakota, Utah, and Virginia.

In declaring nursing mothers excused from jury duty, the Supreme Court cited § 12-16-63(b)(2)a, Ala. Code 1975, which provides that "[a] person … may apply to be excused from jury service by the court only upon a showing of undue or extreme physical … hardship," including "circumstances in which an individual would … [b]e required to abandon a person under his or her care or supervision due to the impossibility of obtaining an appropriate caregiver during the period of participation in the jury pool or on the jury.” The Supreme Court stated that an infant child “clearly qualifies” under the circumstances described in § 12-16-63(b)(2)a, Ala. Code 1975.

The Supreme Court also clarified that a nursing mother may seek excusal from jury duty by telephone, electronic mail, or in writing before the prospective juror’s summoned date.

However, it is important to note that an excusal under § 12-16-63(b)(2)a, Ala. Code 1975, is not permanent, and the Circuit Court has the authority to require the excused party to serve at some time in the future, according to Windsor v. State, 683 So. 2d 1021, 1025 (Ala. 1994).

The Supreme Court’s Administrative Order requires all presiding circuit court judges to implement new procedures for excusing nursing mothers from jury duty within 30 days of the order. To determine your circuit’s procedure, contact the court or visit their website sometime after mid-February. The contact information and websites for the court in your circuit can be found by following the link on the Alabama Administrative Office of Courts’ website.

To learn more about the laws currently protecting breastfeeding mothers in areas other than jury duty, such as the workplace, please take a look at our previous alert about the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).

Please contact Abigail W. White or any member of the Phelps Litigation team if you have questions or need advice or guidance.

Abigail W. White

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January 24, 2025

Alabama Supreme Court Excuses Nursing Mothers from Jury Duty…

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