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A Maryland judge sentenced a breastfeeding mother to a night in jail or a $150 fine, after she asked to postpone her jury duty.

Elizabeth Jett's baby boy Henry was less than 12 weeks old when she was called for jury duty. "I think it’s a case of priorities. Taking care of your children should be your first priority. Jury duty can always come later," Jett said.
 
Jett asked to postpone and serve during the Summer, when Henry would be older and her mother, a full-time teacher, could take care of him and his five-year-old brother.

The Carroll County judge said Jett was in contempt of court, which Jett thought was unbelievable. "I was just shocked. I couldn’t even put it into words," she said.

Legislation that would allow nursing mothers with children under the age of two to be excused from jury duty was introduced for the second time. When the plan was proposed in 2004, many lawmakers shot it down.

Brian Frosh, Chair for the Maryland Senate Judicial Proceedings Committee, said the law would cause more people to try to postpone their duties, "If you start saying, we’re gonna excuse people for breastfeeding, you’ve gotta say ok to kidney dialysis, chemotherapy and all the other maladies that afflict the human condition."

Frosh said the law already gives judges broad discretion to excuse residents from jury duty, "So what we want is for judges to use their discretion liberally."

As for Elizabeth Jett, she has since asked for a waiver, because she can't afford the fine. The judge in the case, Barry Hughes, did not want to comment. The jury commissioner hung up on Andrea McCarren, as soon as she identified herself as a reporter. 

For more information on the state and federal jury laws in your area, click here. 

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