October 1, 2007 |
2007-R-0535 | |
“KID—FRIENDLY” JURY LAWS | ||
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By: Susan Price, Principal Legislative Analyst | ||
You asked about states that allow parents to postpone jury service because they are responsible for taking care of children.
Although all states permit courts to excuse jurors when service would cause them or their families or dependents undue hardship, at least 17 have laws or court rules that explicitly permit courts to excuse parents or caregivers from jury service. Table 1 below describes their key provisions.
Table 1: Kid-Friendly Jury Laws
State |
Child-Related Grounds for Excuse |
California Rule 2.1006, Cal. Rules of Court |
● Breastfeeding1 |
Florida Fla. Stat. Ann. § 40.013(4) |
● Pregnancy ● Parent not employed full time and has custody of a child under age 6 |
Georgia Ga. Code Ann. § 15-12-1 |
● Primary, active caregiver of child under age 7; no reasonably available alternative child care2 ● Primary teacher in home study program; no reasonably available substitute |
Table 1: -Continued-
State |
Child-Related Grounds for Excuse |
Idaho Idaho Code § 2-212(3) |
● Breastfeeding |
Illinois 706 Ill. Comp. Stat. §§ 305/10.2 and/10.3 |
● Breastfeeding ● Primary caregiver of child under age 12; no reasonable alternative care |
Iowa Iowa Code § 607A.5 |
● Breastfeeding mother with sole responsibility for the child's daily care and not employed outside the home |
Kansas Kan. Stat. Ann. § 43-158 |
● Breastfeeding |
Kentucky Ky. Rev. Stat. Ann. § 29A.100(4) |
● Breastfeeding or expressing breast milk |
Mississippi Miss. Code Ann. § 13-5-23(d) |
● Breastfeeding |
Nebraska Neb. Rev. Stat. § 25-1601(4) |
● Breastfeeding3 |
Oklahoma Okla. Stat. § 38-28D |
● Breastfeeding |
Oregon Or. Rev. Stat. §§ 10.050(4) and (5) |
● Breastfeeding ● Sole caregiver of child during court's normal hours of operation; unable to afford child care or make other arrangements4 |
South Carolina S.C. Code Ann. §14-7-860 |
● Legal custody of, and duty to care for child under age 7 |
Tennessee Tenn. Code Ann. § 22-1-104 |
● Caring for child, grandchild, or ward5 |
Texas Tex. Gov't Code Ann. §62.106 |
● Legal custody of child under age 10; jury service will leave child without adequate supervision |
Virginia Va. Code Ann. § 8.01-341.1(8) |
● Breastfeeding ● Legal custody of and necessary personal responsibility for child under age 17 during normal court hours |
Wyoming Wyo. Stat. Ann. § 1-11-104 |
● Prospective juror must provide care to his or her young child |
SP:ts
1 Court may defer jury service for up to one year; prospective juror may renew request until breastfeeding ends
2 Prospective juror must submit affidavit
3 Doctor's certificate required
4 Court may refuse to excuse if public need outweighs prospective juror's hardship
5 Assertion must be made under oath