Judge Paul Van Grunsven and Milwaukee County District Attorney Kent Levern have been asked for comment; responses are pending.
A Milwaukee County, Wisconsin Judge is facing backlash after making sexist remarks and denying an incarcerated mother the ability to breastfeed her two-month-old infant.
At a defendant’s March 7, 2025 sentencing, Branch 9 Judge Paul Van Grunsven made wildly sexist remarks concerning a defendant’s letter explaining her situation, willingness to take responsibility for her actions, and laws that allow her to breastfeed and care for her two-month-old infant. Her attorney also cited Wisconsin law and the recent Mother-Young case, even offering to provide the Writ to the court.
In an incredibly heartless response, Van Grunsven ignored the Defendant’s statement. He callously said, “In 20 years on the bench, I’ve never heard someone say, ‘Don’t send me to prison because I’m breastfeeding.’”
Near the end of the hearing, the science and law-ignorant Judge doubled down in his behavior, dismissing the Mother-Young case, saying, “That’s DOC’s problem.”
Instead, Van Grunsven willfully ignored not just established case law, but important advice from well-regarded medical organizations.
Wisconsin’s Mother-Young Law
Wisconsin law protects the rights of breastfeeding mothers by allowing them to nurse their infants in public and private spaces where they are legally allowed to be. This law helps promote maternal and infant health by ensuring mothers can feed their babies without fear of discrimination or harassment. Additionally, workplace protections encourage employers to provide reasonable break times and private spaces (other than restrooms) for breastfeeding employees to pump milk. Such laws support the vital bond between mother and child while promoting public health and gender equality.
A 1991 statute enabling a Wisconsin Correction’s Mother-Young law should have allowed incarcerated mothers to stay with their children up to the baby’s first birthday. Though it had long been on the books, it was never properly implemented by Wisconsin Corrections.
Last year, the ACLU of Wisconsin took action, filing a lawsuit to force DOC to act. And just last month, a Judge ruled that the Mother-Young law be followed and implemented immediately.
It has since been codified as WI Stat § 301.049 (2024) and can be found here.
Breastfeeding Recommendations
Health organizations like the World Health Organization (WHO) and the American Academy of Pediatrics (AAP) recommend:
- Exclusive breastfeeding for the first 6 months (no other food or drink, except for medical exceptions).
- Continued breastfeeding alongside solid foods for at least 1 year (AAP) or up to 2 years or beyond (WHO), as long as both mother and child wish to continue.
Breastfeeding as well as keeping mothers and babies together has many health benefits.
Parental Incarceration and Attachment Disorders in Newborns
Medical research and literature has long confirmed the importance of secure attachments between mothers and babies.
University of Wisconsin researchers found that the quality of mother and child relationships matter. The attachment style that a child develops early in life, as well as relational patterns between parent and child and the presence of long-term parent-child bonding can have significant influence on interpersonal relations, emotional maturity, and academic success later in life.
The bond between a newborn and their mother is essential for healthy emotional and physical development. Skin-to-skin contact, breastfeeding, and responsive caregiving help build a strong attachment, fostering a sense of security and trust.
This early connection not only supports brain development but also regulates the baby’s stress levels, sleep patterns, and overall well-being. A secure attachment lays the foundation for healthy relationships and emotional resilience later in life, making those first moments of closeness with the mother incredibly important.
Research also finds that prison nursery programs are incredibly successful and reduce recidivism. The research again and again demonstrates effective outcomes for moms and babies, to include secure mother and newborn attachment, preventing mental health issues for mothers and long-term health impacts on children.
Judge Paul Van Grusven: Ignoring the Law, Damaging Familial Bonds
The defendant was ultimately sentenced to one year, with 60 days credit, meaning the mother and her baby met the legal threshold for Wisconsin DOC’s Mother-Young program.
If the Judge had properly executed the sentence, the mother and her infant would not be separated at all.
Instead of interpreting the law (as is the Judge’s job), Van Grunsven chose to ignore it, willfully violating the civil rights of a mother and an innocent infant, separating a two-month-old baby from his mother, despite the law stating they can and should be together.
This isn’t just a legal failure by Paul Van Grunsven; it’s a moral one setting the table for cycles of incarceration and poverty.
Ethical and Moral Failure
When a Wisconsin judge acts unethically, shows bias, or fails to uphold the law, individuals have the right to file a formal complaint through the Wisconsin Judicial Commission.
Paul Van Grunsven, through this unethical and inhumane ruling, has done all three, warranting investigation.
