DENVER -- Rape counselor Jennifer Bier is a wanted woman again for refusing to turn over confidential patient records.

Late Thursday, a federal appeals court denied her request to protect her records and re-instated an arrest warrant.

Bier has refused to give a military court her records from a counseling session with a former Air Force Academy cadet. The client claims she was sexually assaulted.

The judge said he wants to view the records personally before deciding whether the alleged rapist can see them.

The 10th U.S. Circuit Court of Appeals ruled that if Bier wants to fight the subpoena from a military judge in Texas, she needs to do that in military court, not a civilian court.

One of her attorneys said Bier is not backing down.

"This is not a game, this is a matter of principal," said Bier's attorney Peter Forbes. "She believes in what she is doing. She believes in the importance of this. And she believes in the promise she made to her client."

Her next option is to file an emergency appeal with the U.S. Supreme Court. If that fails, her lawyers said, Bier will fight the case in military court.

"It's disappointing that everyone wants to duck the merits. Nobody wants to rule on the issue," Forbes said.

Bier is a civilian therapist in private practice in Colorado Springs.

"If the U.S. Marshals show up on my doorstep I'm obviously taking a trip to jail, because I am absolutely unwavering in my position. You can't hand over the confidential records of a victim," Bier said minutes after learning of the court's decision.

"If the courts aren't going to protect her, then I will," Bier said.

Bier's records are being sought in the court-martial of 1st Lt. Joseph Harding, who is accused of raping two female cadets while he attended the academy in 1999 and 2000.

A court-martial for Harding, who is now stationed at Columbus Air Force Base in Mississippi, is scheduled to begin Wednesday at Randolph Air Force Base in Texas.

Bier counseled Jessica Brakey, one of the women accusing Harding of rape, and has refused to hand over information about the counseling sessions, saying it would violate the privacy of the woman and hurt the credibility of her profession.

A lower court ruled Harding's right to a fair trial outweigh Bier's claim of psycotherapist-patient confidentiality. Bier's records would be reviewed by a military judge who would determine whether the information was relevant to the court-martial.

Brakey was among dozens of female cadets who said they were ignored or punished after telling military superiors they had been sexually assaulted. Brakey spoke publicly to 7NEWS about the allegations, which touched off a scandal in 2003 that led to several investigations and the ouster of top commanders at the school.

The appellate court issued its ruling late Thursday, lifting a temporary order issued last week preventing U.S. Marshals from arresting Bier.

"Of course, we must be reluctant to intervene in court-martial proceedings," a two-judge appeals court panel wrote. "The military justice system is more than adequate to address (Bier's) concerns."

Bier disagreed, saying the military was overextending its power.

"The military, particularly the Air Force, does not have a very good record for regulating, investigating or policing itself. And I'm supposed to feel good about seeking relief in that system? Well, I don't," she said.