Indiana AG Todd Rokita faces new investigation after Supreme Court discipline

The Indiana Supreme Court’s disciplinary commission is again investigating state Attorney General Todd Rokita, less than a month after the Supreme Court publicly reprimanded him in another investigation.

As first reported by The Indiana Citizen, two Indianapolis-area attorneys filed complaints with the disciplinary commission in the days following the state Supreme Court’s early November ruling that Rokita had “engaged in attorney misconduct" in July 2022. The court ruling was for comments Rokita made on Fox News about an obstetrician-gynecologist who performed an abortion on a 10-year-old rape victim.

In response to the newest complaints, disciplinary commission Executive Director Adrienne Meiring wrote to Rokita on Nov. 17 seeking a written response to allegations that he violated Indiana Court professional conduct rules, specifically that lawyers cannot knowingly make false statements to a tribunal and cannot conduct themselves dishonestly.

Paula Cardoza-Jones and William Groth both filed grievances alleging violation of attorney conduct rules by Rokita in his public statement after the court’s reprimand, according to documents provided to IndyStar.

Cardoza-Jones points to the court's opinion that says Rokita admitted in an affidavit to two charges and wrote that the attorney general "directly contradicted" his statement to the court in his public response to the discipline ruling.

Both Cardoza-Jones and Groth's complaints also allege a lack of remorse in the Attorney General's response.

“His subsequent statement demonstrates his utter lack of contrition rather than an acknowledgement and acceptance of his professional misconduct and warrants the Commission reopening his professional misconduct case,” Groth’s grievance states.

Former Indiana University law school dean Lauren Robel was among those who filed complaints with the commission about Rokita's Fox News comments.

Indiana Supreme Court decision: AG Todd Rokita to be reprimanded for comments on abortion doctor Caitlin Bernard

The attorney general “cooperated with the investigation the entire time,” a spokesperson for his office said in a statement that also labeled Cardoza-Jones and Groth “attorneys with one-sided voting records.”

“He publicly stated that he has learned from the situation and — like everyone — can always do better,” the spokesperson’s statement reads. “And he certainly didn’t lie about anything.”

What followed the reprimand

State Supreme Court justices were unanimous in their early November opinion that Rokita should be disciplined for his comments about OB-GYN Dr. Caitlin Bernard on a Fox News program in July 2022. The television appearance followed an IndyStar story that reported a 10-year-old girl traveled to Indiana for an abortion after the U.S. Supreme Court’s Dobbs ruling left her unable to get one in Ohio.

The court’s opinion stated it was misconduct for Rokita to describe Bernard as an “abortion activist acting as a doctor — with a history of failing to report.”

The court determined Rokita would receive a public reprimand and pay a $250 administrative cost, according to the opinion. The justices, however, were split on whether the discipline was too lenient given Rokita’s position as attorney general, the opinion says.

After the opinion was released, Rokita’s office published a statement saying his comment on the Fox News program was a “truthful 16-word answer.”

"As I said at the time, my words are factual," Rokita said in the statement. "The IU Health physician who caused the international media spectacle at the expense of her patient's privacy is by her own actions an outspoken abortion activist."

Previous Supreme Court complaint: Former IU dean seeks investigation after Todd Rokita's comments about doctor

What’s next

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

Rokita has 30 days to give the disciplinary commission a response to the grievances from Cardoza-Jones and Groth, according to the letter from the commission’s executive director.

A staff member of the commission will then complete a preliminary investigation into the complaints and determine whether they should be dismissed or reviewed by the full disciplinary commission, according to the letter to Rokita. The disciplinary commission then decides whether to file charges to the Supreme Court, which makes the final determination if there was misconduct.

Rokita announced in February he plans to run for reelection in 2024. Last week, former Secretary of State candidate Destiny Wells announced a run for the Democratic nomination to face Rokita.

Contact IndyStar's state government and politics reporter Brittany Carloni at brittany.carloni@indystar.com or 317-779-4468. Follow her on Twitter/X@CarloniBrittany.

This article originally appeared on Indianapolis Star: Todd Rokita faces new investigation after Supreme Court discipline