WRAL reports that a district court judge told a Johnston County woman not to bring her 3-month-old baby to court. Can a judge do that? Facts. According to WRAL, the story began in traffic court. A woman was waiting in the back of the courtroom, breastfeeding her baby. The baby was covered by a sling. A deputy told her that no children under 12 were allowed in the courtroom. The woman’s husband was able to take the baby outside the courtroom. When the woman returned to the courtroom and had the opportunity to talk with the judge about her case, the judge told her not to bring the baby back to court. The woman reportedly replied that if she left the baby at home, the baby could not eat, as the baby will not drink from a bottle. The judge reportedly responded that was not the judge’s problem and that if the woman made more excuses, the judge would take the baby and hold the mother in contempt. Again, these are the facts as reported by WRAL. Media reports are not always accurate. But whatever happened in this particular instance, what’s the law on the general question of whether a judge may exclude young children from court? Law. The law regarding a judge’s authority to exclude children from court is not very clear. As far as I know, no North Carolina case, statute, or provision of the Code of Judicial Conduct addresses the issue directly. Several legal provisions are obliquely relevant. [...]
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