Breastfeeding mothers in Alabama will receive better legal protections after a contentious courtroom incident led to a dramatic ruling.
Kandace Brown, 40, a nursing mother-of-five, arrived in Jefferson County Courthouse on January 13 to serve her jury duty summons with her three-month-old daughter, Parker, in tow.
Brown said she was met with hostility from judges and other courtroom employees after she told them her newborn had to stay with her to be breastfed.
‘I went today with Parker in tow (in the middle of sick season) and it was a horrible experience,’ Brown wrote in a Facebook post.
‘There were two other mothers there and the judges said that those with children there need to make accommodations for their children to be picked up. [The judge said] they would hate for DHR to be involved!’
The nursing mother told AL.com that she had called and turned-in forms to be excused prior to reporting for jury duty but was refused.
‘The judge would not excuse me and said I need to make accommodations for her,’ she said.
‘I said I could not or my baby could not eat. She made me sit back down to wait another almost hour for all the excuses to be heard.’
Kandace Brown, 40, a nursing mother-of-five, arrived in Jefferson County Courthouse on January 13 to serve her jury duty summons with her three-month-old daughter, Parker, in tow
The displeased mother said she was met with hostility from judges and other courtroom employees after she told them her newborn had to stay with her to be breastfed. Pictured: Kandace Brown’s five children
‘I went today with Parker in tow (in the middle of sick season) and it was a horrible experience,’ Brown wrote in a Facebook post (pictured)
Brown said that after waiting for more than an hour she was released from jury duty and sent to the front office to speak with the court clerk.
‘The clerk sat me down at her computer, got my name and date of birth, how old my baby was, when she would turn one year old and said, «You are released for the day, but you will be called back very soon, and you cannot bring your baby with you,» Brown told AL.com.
‘If I’m still breastfeeding I’m going to have to [bring the baby]. I don’t have a choice. Like she would literally starve for the day or the week if I was chosen, if I come back. And [the clerk] said, «All I’m telling you is you can’t bring your baby with you… She said, «Well, you should pump.»
‘How could the courts dictate how my child eats? She’s a tiny three-month-old. We’re not talking about a 2-year-old here,’ she added.
Brown said her experience was ‘awful’ and that she was surprised there were not greater protections in place for mothers.
‘I’m honestly just appalled at our judicial system concerning women and children’s health,’ she wrote in her January 13 Facebook entry.
‘I will absolutely report for jury duty and serve. I just cannot when my infant daughter depends on me for her basic need in life. The treatment we experienced today was awful.’
Brown’s Facebook post has caused a widespread public outcry.
Not long after, the Alabama Supreme Court got involved, and only four days later it issued an administrative order excusing breastfeeding mothers from jury duty.
Alabama State Auditor, Andrew Sorell (pictured) sponsored a bill in 2022 that would have excused nursing mothers from serving as a juror – the bill, however, was rejected
Brown says she could not believe it happened so fast.
Before the surprise administrative order, under Alabama law, there were no protections exempting nursing mothers from jury duty.
However, in years prior to Brown’s contentious courtroom incident, others have lobbied for such protections.
Andrew Sorell, an Alabama State Auditor, sponsored a bill in 2022 that would have excused nursing mothers from serving as a juror.
The former State Representative, turned Auditor, said his wife was pregnant at the time and they were pondering hypothetical situations.
‘She said «Theoretically, what would happen if I got called to jury duty and I have a nursing infant?» I said, «Well, obviously you would be excused under Alabama law.» And then I checked it. Not true at all,’ Sorell said.
Andrew Sorrell, a former State Representative turned Auditor, said his wife (pictured) was pregnant when they began worrying what would happen if she was called into jury duty with a nursing infant
While talks are still happening, Sorrell, Brown and state Representative Susan Dubose say they expect some kind of bill to be introduced during the upcoming legislative session. Pictured: Kandace Brown with her husband, Keith, and four of their children.
Feeling inspired, the soon-to-be father then drafted the bill offering the necessary protections for breastfeeding women, and introduced it, however, the court had several objections.
‘When I got that bill before committee and presented it, the objections from legislators were, «Do you have any stories of anyone this has actually happened to?»
‘I said, «Well, I mean, not off the top of my head, but that does not mean it is not happening,”’ Sorrell recalled.
‘The [court’s] other objection was that …. any reasonable judge would exempt a nursing mother from jury duty,’ he said. ‘Well, as we found out two days ago, not all judges are reasonable.’
Now, years later, Sorell cannot believe how ‘quickly’ the government responded to the public’s outcry.
‘I have never seen government respond so quickly to constituent concern as I did here,’ he said.
Brown claims Jefferson County Circuit Court Judge Shanta Owens is the one who threatened to call the Department of Human Resources. She added that judges Elisabeth French and Marshell Jackson Hatcher also addressed the group.
Owens said Brown was excused and called the situation a ‘misunderstanding’ in a statement to AL.com on Wednesday.
Brown claims Jefferson County Circuit Court Judge Shanta Owens (pictured) is the one who threatened to call the Department of Human Resources. She added that judges Elisabeth French and Marshell Jackson Hatcher also addressed the group
‘The juror was indeed excused a short time after arriving for jury service, as was any other similarly situated individual called for jury service,’ the statement said.
‘I, too, am a mother and have been a breastfeeding mother previously and therefore, would excuse jury service for a period of time for any individual under the circumstances.’
Owens added that under state law ‘there are well-established mechanisms in place to excuse individuals from jury duty prior to service.’
‘I take these procedures seriously to ensure that the jury selection process runs lawfully, smoothly, and efficiently. If any additional laws are enacted regarding jury service or any other matter, I would be delighted to follow those laws as well,’ Owens said.
Campaigners hope new legislation help to usher in even broader protections. Pictured: Jefferson County Courthouse in Birmingham, Alabama
‘I have been serving as a judge for over 16 years and, throughout this time, I have seen firsthand how vital it is for our justice system to function without disruptions, the most important of these being jury service.
‘The integrity of the judicial process is paramount, and I will continue to work toward ensuring that our trials proceed fairly and efficiently for all parties involved,’ the statement concluded.
While talks are still happening, Sorrell, Brown and state Representative Susan Dubose say they expect some kind of bill to be introduced during the upcoming legislative session.
In the new bill, the mother-of-five is hoping to include the primary caretakers of children under five years old as well as for nursing mothers, Fox8 reported.
Sorrell mentioned including caregivers of those with disabilities as well.
The legislative session begins on February 4th.
