SALT LAKE CITY -- A woman jailed for having too many dogs has been released after the Humane Society took temporary custody of five of the animals.

Meanwhile, the judge has apologized for suggesting she should have shot five of the dogs before returning to court.

Janet Lane, 45, who lives on three acres in Herriman, went to the Matheson Courthouse Monday to be sentenced on three misdemeanor charges.

When her attorney told 3rd District Judge Stephen Henriod that Lane now has only seven dogs, as opposed to the eight she had when charged in October, he said, "There's a continuing violation of the law."

Henriod compared it to a person pleading guilty to robbery and then continuing to commit robberies. Lane's lawyer, Victoria Cramer, said she had attempted to challenge an ordinance that allows residents to have only two dogs. Lane fosters unwanted animals for local shelters, so when her court challenge failed, she had nowhere to place the dogs.

"She should have taken a gun and shot the other five before she came back here," Henriod said.

Henriod sentenced Lane to 180 days in jail, but provided that the jail time could be converted to probation if she obeyed the law. After one night in jail, she was released.

The Humane Society said the five dogs will not be put up for adoption. It said Lane still hopes to place them in suitable homes herself. The organization also plans to complain to the Judicial Conduct Commission about Henriod's comments.

Last year, Henriod agreed to get counseling and was declared fit to return to the bench following a series of domestic disturbances at his home.

This story appeared in The Daily Herald on page D5.