Indiana AG faces misconduct complaint for comments regarding 10-year-old rape victim

The Indiana Supreme Court’s disciplinary commission filed charges Monday alleging that Indiana Attorney General Todd Rokita violated professional conduct rules with his statements in 2022 about the case of a 10-year-old Ohio girl who sought an abortion in Indiana and the doctor who performed the procedure.

Two of the three counts in the complaint stem from statements he made about obstetrician-gynecologist Caitlin Bernard on a Fox News show hosted by Jesse Watters on July 13, 2022, specifically when the attorney general referred to Bernard as an "abortion activist acting as a doctor — with a history of failure to report.”

The commission alleges this statement violates professional conduct rules that say a lawyer cannot make public statements about an investigation that has a likelihood of "materially prejudicing" the proceeding, and that a lawyer cannot "use means that have no substantial purpose other than to embarrass, delay or burden a third person."

The third count alleges that Rokita violated confidentiality requirements in Indiana law by making public statements about an investigation into Bernard prior to filing a complaint with the Medical Licensing Board, which he did in November.

In a statement, Rokita framed the proceeding as part of "an environment that 'cancels' non-compliant citizens through intimidation as well as tactics that can weaponize our respected institutions." He said the complaint "stemmed from grievances, which mainly referenced media reports."

"We will continue defending Indiana’s laws and ensure that licensed medical professionals and other healthcare providers are held accountable when they violate their patients’ privacy and fail to obtain consent," he said in a statement.

In Rokita's response filed with the state Supreme Court, he admits that the phrase he used on Watters' show "could reasonably be considered to have violated" those professional conduct rules, but he denies the confidentiality charge. He argues that "no confidentiality should be required" since Bernard first discussed the 10-year-old's story publicly in a way that the state Medical Licensing Board later decidedviolated patient privacy laws. He also questions whether the scope of the confidentiality statute actually applies to the elected position of attorney general or just to employees of the office.

The complaint, filed by the disciplinary commission’s executive director Adrienne Meiring and deputy director of litigation Stephanie Bibbs, requests Rokita be disciplined for professional misconduct and pay required expenses.

Bernard's legal counsel, Kathleen DeLaney, said her legal team cannot comment on the charges because they weren't involved.

"We will watch how the Disciplinary Commission process proceeds and let the complaint speak for itself,” she said.

What comes next?

The state Supreme Court’s disciplinary commission investigates and prosecutes allegations of attorneys who have been accused of violating Indiana courts rules for professional conduct.

Former IU law school dean Lauren Robel filed one of the complaints, as did Don Lundberg, a former executive director of the disciplinary commission.

Lundberg told IndyStar that other than this, he has never filed a grievance in his 48 years of practicing law.

"I think it's a serious matter," he said. "To maybe turn the tables a bit on the rhetoric of the right, to me, this was the weaponization of government against a physician who was working within her specialty to assist a young victim of a horrible crime. I think it's an utter abuse of that office."

The commission and the subject of the disciplinary complaint can participate in a “trial-like” proceeding regarding each side’s view of the charges. Both parties can also agree misconduct occurred and submit an agreement to the Supreme Court for review.

Indiana Supreme Court justices make the final determination if there was misconduct and what discipline is necessary. According to the disciplinary commission, sanctions can include a private or public reprimand, suspension from practice either for a certain time or after a lawyer is deemed fit or permanent disbarment.

Indiana's previous attorney general, Curtis Hill, who is now running for governor, went through this process following allegations that he groped four women, which he has strongly denied. In that case, the state justices decided to suspend his law license for 30 days.

The disciplinary commission’s complaint against Rokita comes just days after Rokita filed a lawsuit against IU Health stating the health care organization violated privacy laws. Earlier this year, Rokita’s office saw a legal victory when the state’s medical licensing board found Bernard violated privacy laws in handling the abortion patient’s information.

In a statement, Indiana Democratic Party chair Mike Schmuhl called Rokita a "career politician" who "files frivolous lawsuits and wastes state resources on political attacks."

"Todd Rokita’s actions toward Dr. Caitlin Bernard over the past year brought shame and ridicule upon our state," he said. "Now, he is starting to see the consequences of making baseless claims regarding a medical professional on national television. ... Rokita is using this office to further his own personal political ambitions, and he tried to silence Dr. Bernard and other doctors — something this commission took issue with in the filing."

Rokita would not be the only attorney general in the country to recently face a legal procedure. Over the weekend, Rokita posted on X, formerly Twitter, a message for Texas Attorney General Ken Paxton, who was acquitted in the Texas Senate on impeachment articles including misconduct, bribery and corruption. Rokita called it a "sham impeachment."

"This whole process was a tremendous waste of time and taxpayer money," Rokita said on X. "It was an insult to 4.2 million Texans who voted for their attorney general. Weaponizing our institutions to silence the voice of 'We the People', shouldn't be tolerated in a Republic."

This article originally appeared on Louisville Courier Journal: Todd Rokita faces misconduct complaint for FoxNews comments on Caitlin Bernard