Additionally, some states have laws or rules that more directly bear on the obligation of breastfeeding mothers to serve on juries. (The laws of Colorado and Massachusetts probably are not applicable to the excuse or deferral of breastfeeding mothers from jury duty.) Even if a state has neither a specific statute dealing with jury service and breastfeeding, a "family friendly" statute, nor a statewide court rule, it does not necessarily mean that a nursing mother will be required to perform jury duty. Individual court rules or custom, community practice, or other circumstances may permit an excuse or a deferral from jury service for a nursing mother. State Laws Permitting Breastfeeding Mothers to have Jury Duty Excused or Postponed

At the present time, eleven states have enacted laws which specifically allow a breastfeeding mother to either postpone or be excused from jury duty. Federal District Court Rules

Many of the federal district courts have made a provision in their jury plan to excuse or a defer jury duty for persons caring for a child or children under the age of ten. Some states have enacted legislation which provides a specific excuse or deferral from jury duty for a breastfeeding mother. Legislation is currently pending in Wyoming to legislatively respond to the issue of breastfeeding and jury duty. California has a specific state-wide court rule which deals with the issue of breastfeeding mothers and jury duty. It is likely that local and state courts—where there is no uniform rule—may have varied, and not necessarily implemented consistent policies in dealing with breastfeeding mothers and jury duty responsibilities.
The increasing popularity of breastfeeding has focused attention on how the law facilitates or discourages the practice. One issue that has arisen involves breastfeeding mothers and jury duty, and whether a breastfeeding mother may receive an excuse or deferral from compulsory jury duty.
At the present time there is no federal legislation on the subject, although Congress has considered and adopted other legislation concerning certain breastfeeding issues.
By contrast, several states have enacted legislation to excuse or defer jury duty for breastfeeding mothers, either specifically or more generally under "family friendly" jury duty legislation. "Family friendly" jury legislation varies in scope, but it generally, though not always, is sufficiently expansive to cover breastfeeding mothers.
Court rules concerning breastfeeding mothers and jury duty vary widely. California has adopted a uniform statewide rule. However, federal district courts have not adopted standard rules or practices. Likewise, state and local courts may have no specific rules, or very different rules on breastfeeding mothers and jury duty.
The fact that a state, a court system, or a single court does not have a law, rule, or formally written procedure does not necessarily mean that a breastfeeding mother will be compelled to serve on a jury. It appears that a general "medical exception" from jury duty may be applicable to breastfeeding mothers in some instances, and local practice and custom may influence an excuse or deferral from jury duty. It appears that many of the decisions concerning a nursing mother's excuse or deferral from jury duty are handled on a case-by-case basis by the individual courts.