Last week we wrote about Ohio Public Defender Beth Lewis who has been held in contempt for refusing to divulge a deceased client's confidences.

Thanks again to NACDL media director Dan Dodson for working overtime this holiday Sunday and directing us to an editorial today in the Dayton Daily News that disagrees with the Court and prosecutors and argues that Ms. Lewis is duty-bound to protect the privilege.

"Nor do the prosecutors contend that lawyers are free to pass on private information even when a client has passed away. (In fact, they can be punished for doing so.)"

"Rather, prosecutors rely on a little-known law that's rarely invoked--never before in the context of a criminal case. It says an attorney may testify if a client is deceased and the surviving spouse consents."

"But the rule wasn't written to require that client confidences be laid bare on the say-so of a spouse, especially one who was estranged from his wife. Rather, it was designed for use in probate-related matters, and its purpose is to permit a lawyer to speak when it serves a client's interest."

"Nothing in the statute gives courts the power to compel such testimony. And the reason the laws on attorney-client confidentiality are so strict is that the justice system simply couldn't function if clients couldn't talk honestly with their lawyers and lawyers could renege on promises of secrecy because they have information that could lead to a crime being solved."

"The apparent abduction of Erica Baker is an unspeakable tragedy. And to many grief-stricken people it's tempting to ignore the law in pursuit of finding out what happened. The law allows exceptions when danger threatens, but that's not what's claimed here."

"The court should free Beth Lewis."