Jailing Stayed for Abortion Foes’ Lawyer

Anti-abortion lawyer Cyrus Zal, hit by an El Cajon judge with a 90-day jail term, won a reprieve Thursday when the California Supreme Court agreed to consider whether he was properly sentenced.

Zal, a Folsom-based attorney, had been due to report today to the San Diego County Jail to begin serving time for contempt-of-court citations.

El Cajon Municipal Judge Larrie R. Brainard imposed the sentence at a February trial, at which Zal represented six anti-abortion advocates, finding that Zal repeatedly ignored an order not to discuss abortion during the case.

Zal’s sentence could reach 290 days because Brainard also imposed a $10,000 fine, which Zal has indicated he cannot afford.

The judge has given him the option of paying it off at $50 for each additional day in jail, or 200 days.

In a June 4 opinion, a state appellate court in San Diego upheld Zal’s sentence, saying it was not “cruel and unusual punishment.” In that opinion, the 4th District Court of Appeal ordered Zal to report to the San Diego County jail today.

In the meantime, however, Zal appealed the ruling to the state Supreme Court, saying the sentence would punish him for merely doing his job.

In his appeal papers, Zal said his comments were “interruptive but not disruptive.”

The high court did not indicate Thursday whether it agreed or disagreed with Zal’s claim.

It ordered only that the imposition of the jail sentence be put off indefinitely while the seven justices consider the case.

There was no indication whether the Supreme Court will hold a hearing on the case--or how long it will take to decide it.

Zal had been dispatched to the February trial by the anti-abortion group Operation Rescue, whom he then served as general counsel.

He resigned from that post last month.

Zal was handed a 16-day jail term for contempt in another trial last fall in Fresno but never served it, winning an appeal.