Colorado lawmaker takes action after a mom jailed for violating "unconstitutional" gag order
A gag order in a child custody case in Colorado is so unusual that it's drawing international attention and has led to legislation at the state capitol.
While gag orders typically apply to specific information in a court file, like children's names, a judge in Arapahoe County issued a blanket gag order for the mom only.
For almost two years, Kalea Aine couldn't even say why she was being kept behind bars during the height of COVID-19, without an attorney.
"Most people said, 'What is your crime? Why are you here?' I couldn't answer them," Aine said.
The gag order was so restrictive she was found in contempt for discussing the length of her sentence, how she wanted in-home detention and even that she needed a new attorney.
The judge sentenced her to 23 months in jail.
"I felt trapped, like I was never going to be able to walk out of those doors. I thought, is this going to be my life forever?" Aine asked.
Her new attorney, Suzanne Taheri, bonded her out after 10 months and challenged the gag order as a violation of her free speech.
While the Colorado Court of Appeals agreed Aine had raised "substantial constitutional issues" regarding the order, it said, "a party must obey a court order - even an unconstitutional order - unless and until that order is stayed, set aside or reversed on appeal."
Aine had missed her 28-day window to appeal her order while in jail.
"Basically they said, 'We're putting a muzzle over you and you're never going speak about this'," Aine said.
State Sen. Barb Kirkmeyer says judges shouldn't be allowed to hold someone in contempt for violating an illegal gag order because the clock ran out.
"They have weaponized the gag order. It takes away people's First Amendment rights and that's unconstitutional," Kirkmeyer said.
Kirkmeyer plans to introduce a bill that would allow defendants to challenge gag orders at any point.
Meanwhile, Aine is hoping the Court of Appeals ruling which - unlike her original case is public record and not subject to the gag order - will protect her from being held in contempt for speaking out now.
"I try to speak with grace, walk with grace. I keep faith and love in my heart. I'm surrounded by hope and I know deep in my heart and trust in God, that everything will be brought to light someday. It can't go on forever," she said.
She's now challenging the Court of Appeals ruling in the state's Supreme Court.