Disciplinary charges filed against AG Todd Rokita

Disciplinary charges have been filed against Indiana Attorney General Todd Rokita for speaking publicly about an investigation into Dr. Caitlin Bernard, an Indiana physician who performed an abortion on a 10-year-old from Ohio in 2022, before the investigation was officially filed by his office.

According to court documents, Rokita made a number of public statements about the investigation into Dr. Bernard. However, Indiana Code 25-1-7-10 prohibits Rokita from publicly speaking about Dr. Bernard until he filed notice with the Indiana Medical Licensing Board of intent to prosecute her.

The Attorney General’s Office filed an administrative complaint with the board against Dr. Bernard on November 30, 2022.

Court documents state Rokita talked publicly about Dr. Bernard on at least six occasions before that:

  • July 13, 2022 – Rokita sent a letter to Governor Eric Holcomb requesting the Indiana Department of Child Services and Indiana Department of Health turn over their records regarding Dr. Bernard performing the abortion
  • July 13, 2022 – Rokita appeared on the Jesse Watters show on Fox News and talked about Dr. Bernard
  • July 14, 2022 – Rokita issued a press release about the “Dr. Caitlin Bernard case”
  • September 1, 2022 – During a Facebook Live broadcast, Rokita made remarks on the investigation into Dr. Bernard
  • September 14, 2022 – Rokita told a local newspaper the investigation into Dr. Bernard was “ongoing”
  • September 15, 2022 – Rokita talked about the investigation with another local media outlet

On the Jesse Watters show, Rokita referred to Dr. Caitlin Bernard as an “abortion activist acting as a doctor – with a history of failure to report” while the investigation was pending, according to court documents. This violates Indiana Rule of Professional Conduct 3.6(a) and 4.4(a).

Rokita responded to the charges with the following statement:

“Hoosiers, in the largest number on record, elected me Attorney General because they knew they were getting a passionate fighter who — like them — is beating back the culture of death, grievance and transanity being pushed by radicals in workplaces, schools, media and government.

“This work certainly includes vindicating vulnerable children (our most precious gift) for having their privacy rights unlawfully violated — without consent — by healthcare providers to further their political agenda and their ‘bottom line.’ I won’t stop in this and my other work.

“These same radicals have fostered an environment that 'cancels' non-compliant citizens through intimidation as well as tactics that can weaponize our respected institutions. So, today, I am filing a response to the complaint also filed today that stemmed from grievances which mainly referenced media reports. It will be public record once filed. Below are highlights from the forthcoming response. My response includes information unreported by the media. Beyond that, I remain responsible for everything my office and I do and say. And like everything, I see this situation as an opportunity to learn and improve for the next time.

“I am seeking re-election, and in the meantime, I will keep working for the people of Indiana, like protecting our 2nd Amendment, publishing the Parents' Bill of Rights, enforcing the rule of law, handling more than 1,000 appeals cases filed by criminals each year and securing nearly $1 billion for Hoosier taxpayers.

“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.”

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