Breastfeeding in court up to judge

GRAND RAPIDS, Mich. (WOOD) - In the United States, 45 states have laws that allow mothers to breastfeed anywhere. Michigan is not one of them. Thoses numbers come from the National Conference of State Legislatures.  But even if it was, a judge can decide what is -- and is not -- appropriate behavior in a courtroom.

Natalie Hegedus appeared on a bench warrant in front of Judge Robert Henchel in Van Buren County. She hadn't shown up for a hearing earlier this month regarding a high-speed boating ticket she previously received.

She was breastfeeding, and the judge asked her if she thought breastfeeding in court was appropriate. She said it was, and that it wasn't illegal.

--- Read the transcript of the court proceeding between defendant and judge (pdf) --

"It's my courtroom," Hentchel replied. "I decide what's appropriate in here...The laws don't apply in a courtroom. The judge's laws apply."

And that was that.

Later, Hegedus told 24 Hour News 8, "I breastfeed willingly whenever and wherever I need to. It doesn't bother me, but the fact that a judge and his court clerk thought it was so dirty that they needed to reprimand me for doing it in their courtroom was unbelievable to me and inappropriate."

But the chief judge with the 63rd District Court, Sara Smolenski, told 24 Hour News 8 the rules in court are different.

"That particular judge at that particular moment, depending on what kind of case was involved, maybe thought that wasn't appropriate right then," she said.

A judge has to think of the whole story, who is in the courtroom, what's going on at the time, and if it will disrupt the proceedings.  Just because something is legal -- like talking on a cellphone -- doesn't mean it's appropriate in a court.

"There's just more reverence," Smolenski said.  Pointing out that the rules of etiquette would be different in a courtroom than in a bus station or restaurant.  "It's not that we're special or that we're better. It's just a level of respect."

Breastfeeding done responsibly shouldn't be a problem, she said, but added, "Even though breastfeeding is the most natural, nurturing form of a mother feeding her child that God created, you still don't want to have it in your face."  She went on to tell us "I respect any judge to make that call in their courtroom based on the totality of the circumstances."

Smolenski said in the 21 years she's been on the bench she's never noticed someone breastfeeding in her courtroom.  She said in her courtroom she'd always be willing to offer a mother a private room if she wanted to breastfeed. 

There are two bills in front of Michigan's legislature right now that, if passed, would make breastfeeding a civil right.

Senate Bill: http://www.legislature.mi.gov/documents/2011-2012/billintroduced/Senate/pdf/2011-SIB-0554.pdf

House Bill: http://www.legislature.mi.gov/documents/2011-2012/billintroduced/House/pdf/2011-HIB-4868.pdf