Nursing mothers have been legally exempted from serving on juries statewide, following an order last month by the Supreme Court of Alabama stating that they “clearly” qualify to be excused from service, so long as they provide evidence of their need.

The state high court’s Jan. 17 order came in response to a recent controversy in Jefferson County, where a woman was compelled to fulfill her jury summons even though it required her to bring her nursing infant to court.

The courts of Cullman County’s 32nd Judicial Circuit have long exempted nursing mothers from jury duty, though presiding Circuit Judge Greg Nicholas shared with The Times last week that there had been “lots of confusion” locally in the wake of the state court’s ruling.

To clarify the local court’s position on nursing mothers, as well as to reflect its compliance with the state Supreme Court’s new order, Nicholas issued a Jan. 22 order reaffirming that nursing mothers will continue to remain exempt from jury service, or be granted a postponement in service, in Cullman County.

Noting that “it is generally acknowledged that a mother actively nursing an infant constitutes a hardship and qualifies the mother to be excused or deferred from jury service,” the order affirms that a prospective juror “may request, in advance of the summoned date, to be excused or to have his or her service postponed to a later date because of any undue or extreme physical or financial hardship.”

“Any prospective juror who is actively nursing an infant or who is the sole caregiver for another person who is unable to care for himself or herself due to mental or physical deficiencies or tender age shall qualify as a person entitled to be excused from jury service pursuant to § 12-16-63, Ala. Code 1975,” the local order states, while also noting that “[a]n individual summoned for jury service who is able to obtain an appropriate substitute caregiver during the period of jury service does not qualify as a sole caregiver.”

Local nursing mothers unable to fulfill their jury service may request an exemption from the Cullman County Circuit Court by visiting juror.alacourt.gov, or by directly contacting the Cullman County
Circuit Court Clerk via telephone or in person. The prospective juror seeking to be excused from service “shall provide sufficient facts to enable an authorized court official to make an informed decision regarding the request,” the order further states.

Copies of Nicholas’ order will be included with each jury duty summons that the local court issues to Cullman County residents for all future jury service. Additional information about local jury service can be found online at www.cullmancourts.org/circuit-court.html.

Benjamin Bullard may be reached by email at ben.bullard@cullmantimes.com or by phone at 256-734-2131 ext. 234.