Topeka ? A woman arraigned Wednesday in Kansas for impersonating a couple’s missing daughter may not fight extradition to Indiana, where the criminal charges against her were filed, her attorney said.

Donna Lynette Walker had a hearing in Shawnee County District Court to be notified that she faces felony identity deception and misdemeanor false reporting charges in Indiana. She is held in the Shawnee County jail as a fugitive on an extradition warrant from Kansas Gov. Kathleen Sebelius.

Walker has remained in jail because of the warrant and has not been allowed to post bond to gain her freedom. Her attorney, Billy Rork, attempted Wednesday in court to persuade Judge Nancy Parrish to allow Walker to post bond, but she would not.

After the hearing, Rork filed a petition in district court, arguing that Walker is being held in jail illegally.

Parrish could consider the petition and tentatively set another hearing for Sept. 9. But the judge also could dismiss the petition, and Rork could challenge a dismissal before the Kansas Court of Appeals.

Rork argues that Walker is mentally ill and needs treatment, not jail time. He has said she suffered from personality disorders and post-traumatic stress disorder.

“They cannot take her back to Indiana until she has exhausted all her Kansas and federal rights,” Rork said. “It could take months, absolutely.”

But Rork acknowledged that Walker has started to question whether fighting extradition is worth the effort if she is going to remain in jail in Kansas. During her hearing, Walker wore a yellow jail jumpsuit.

“She wants to have this over with, but she wants to be heard,” Rork told reporters after the court hearing. “The fight will continue one way or another.”

Donna L. Walker speaks to her attorney Billy Rork at the Shawnee County Courthouse in Topeka after her arraignment hearing. Walker, who was arraigned Wednesday in Kansas for impersonating a couple's missing daughter, may not fight extradition to Indiana, where the criminal charges against her were filed, her attorney said.

In a court hearing last week, Walker said at the time of the accusations she was adjusting to new medication for mental illness. In late July, she telephoned the father of Shannon Marie Sherrill, who was 6 when she disappeared in 1986 from outside her mother’s home in Thorntown, Ind.

Rork has said Walker thought she might be the missing daughter and wanted to find out for sure.

On Wednesday, Rork questioned the legality of the extradition warrant. He said it described Walker as a fugitive from Indiana, when she was not in Indiana when the alleged crimes occurred.

“She can’t be a fugitive,” he said.

Rork also suggested that Sebelius did not exercise her discretion as governor because she had her signature affixed by machine to the extradition warrant Friday. At the time, Sebelius was on vacation in Michigan with her family.

Besides the Indiana charges, Iowa has a warrant for Walker’s arrest on a charge of being a felon in possession of a firearm for calling Urbandale police and threatening suicide.

Sonny Scroggins holds a sign outside the Shawnee County Courthouse in Topeka to protest the governor's signing extradition papers to send Donna L. Walker to Indiana to face charges of impersonating a couple's missing daughter. Walker had a hearing in Shawnee County District Court to be notified that she faces felony identity deception and misdemeanor false reporting charges in Indiana. She is held in the Shawnee County jail as a fugitive on an extradition warrant from Kansas Gov. Kathleen Sebelius.

Had the governor’s warrant not been served, Walker could have freed herself from jail by posting bond. On Wednesday, Rork asked Parrish to set bond again, despite the warrant.

Parrish told him she did not have authority under Kansas law to set a bond when a governor’s extradition warrant had been served.

Rork replied: “I’ll get you some authority and you can rule again.”

Walker’s case continued to inspire small protests. On Wednesday, three demonstrators against her extradition carried signs outside the Shawnee County Courthouse.