The Indiana Supreme Court Disciplinary Commission has filed a complaint against Indiana Attorney General Todd Rokita (R) on Monday, alleging that his public statements following the news of an OB/GYN providing abortion services to a 10-year-old Ohio girl amounted to misconduct.
Last year, Indiana doctor Caitlin Bernard gained national attention when she shared her story of providing abortion services to a 10-year-old girl who was raped, after being denied service in Ohio. In November, Rokita alleged that Bernard had failed to file the necessary reports required in Indiana and had violated patient privacy rules.
Rokita’s office initiated an investigation into Bernard based on several complaints it had received. Notably, none of the complaints were filed by patients of Bernard.
The disciplinary complaint against Rokita references an interview on Fox News in which he discussed the case, referring to Bernard as an “abortion activist acting as a doctor.”
The complaint highlights rules of conduct for Indiana attorneys, stating that a lawyer participating in an investigation should not make extrajudicial statements that they know will be “disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjunctive proceeding.”
Additionally, it points to an Indiana state law that prohibits “a person in the employ of the office of attorney general” from disclosing information about a complaint unless required by law, in the interest of advancing the investigation, or disclosed to a relevant law enforcement agency.
Later on, Rokita filed a complaint with the Indiana Medical Licensing Board against Bernard. As a result, Bernard was found to have violated patient privacy laws and received a reprimand and a fine.
The complaint against Rokita accuses him of three counts of violating rules of conduct. The commission is seeking disciplinary action “as warranted for professional misconduct” and requesting that he pay relevant court fees.
In a statement issued on Monday, Rokita responded to the allegations, arguing that confidentiality was not necessary in his office’s investigation of Bernard, and that his public statements were a reflection of his commitment to fulfilling his official duties.
He further contended that as an elected official, it is his duty to keep the public informed about his office’s actions and decisions. He also claimed that he should not be held responsible for the public interest surrounding Bernard.
“Hoosiers, in a record-breaking number, elected me as Attorney General because they knew they were getting a passionate fighter who, like them, is opposing the culture of death, grievance, and transanity being pushed by radicals in workplaces, schools, media, and government,” Rokita stated.
“This work includes advocating for vulnerable children, our most precious gift, whose privacy rights are unlawfully violated without consent by healthcare providers to further their political agenda and their ‘bottom line.’ I will not stop in this endeavor or my other work.”
These charges against Rokita come shortly after he filed a lawsuit against IU Health, accusing the hospital system of failing to prevent HIPAA violations and deceiving consumers in relation to its support of Bernard, who is an employee of the hospital.
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