Indiana’s attorney general did not follow professional rules when commenting on a doctor who performed an abortion for a 10-year-old girl, the state’s top court ruled on Nov. 2.
Indiana Attorney General Todd Rokita “engaged in attorney misconduct” when he described, during a television appearance, the doctor as “an abortion activist” and having “a history of failing to report,” the Indiana Supreme Court said.
Mr. Rokita, 53, a Republican, was publicly reprimanded and must pay $250 to the court.
Mr. Rokita said in a statement that his comments were factual, pointing in part to how the doctor, Dr. Caitlin Bernard, publicly discusses a tattoo that she has of a coat hanger, which symbolizes how at-home abortions have been performed.
Mr. Rokita did not apologize for his remarks.
Admission
Mr. Rokita went on Fox News on July 13, 2022, to discuss how Dr. Bernard had carried out an abortion for a young rape victim from neighboring Ohio.
During the interview, Mr. Rokita said that Dr. Bernard was an “abortion activist acting as a doctor—with a history of failing to report.”
Mr. Rokita admitted that his comments violated the Indiana Professional Conduct Rules against “making an extrajudicial statement that a lawyer participating in the litigation or investigation of a matter knows or reasonably should know will be publicly disseminated and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter” and “using means in representing a client that have no substantial purpose other than to embarrass, delay, or burden a third person.”
The admission included an acknowledgment that Mr. Rokita could not defend himself successfully against the two charges if the matter were tried.
A third violation was dropped in exchange for the admission.
The penalty was a public reprimand and a $250 payment.
Justices Mark Massa, Geoffrey Slaughter, and Derek Molter agreed with the opinion. Chief Justice Loretta Rush and Justice Christopher Goff dissented, believing the discipline levied was “too lenient” based on Mr. Rokita’s position as attorney general and “the scope and breadth of the admitted misconduct.”
‘Could Have Fought’
Mr. Rokita said Thursday he could have defended himself against the charges but opted against that course.The case “all boiled down to a truthful 16-word answer I gave over a year ago during an international media storm caused by an abortionist who put her interests above her patient’s,” he said.
“Having evidence and explanation for everything I said, I could have fought over those 16 words, but ending their campaign now will save a lot of taxpayer money and distraction, which is also very important to me. In order to resolve this, I was required to sign an affidavit without any modifications,” he added later. “Now, I will focus even more resources on successfully defending Indiana’s laws, including our pro-life laws, and fighting the mob that silences parents, employees, conservative students, law enforcement, Believers of all faiths, American patriots, and free enterprise itself.”
Mr. Rokita says his words were factual, noting that Dr. Bernard has frequently advocated for the removal of restrictions on abortion.
Ms. DeLaney, Dr. Bernard’s lawyer, told The Epoch Times in an emailed statement that the doctor expects an apology from Mr. Rokita.
“As part of the settlement agreement, Mr. Rokita admitted to violating two attorney ethics rules by attacking Dr. Bernard on national television. His public statements should reflect that fact and we expect a prompt and sincere apology to Dr. Bernard,” Ms. DeLaney said.
Another case related to the matter is ongoing. Mr. Rokita sued Indiana University Health, a hospital system, in September alleging the system violated both federal and state privacy laws for the disclosure of details about the abortion and the child on whom the procedure was performed.
The system “has caused confusion among its 36,000-member workforce regarding what conduct is permitted not only under HIPAA privacy laws and the Indiana Patient Confidentiality rule, and as a result, as Indiana’s largest health network, they created an environment that threatens the privacy of its Indiana patients,” the suit stated.
The system told news outlets at the time that “we hold ourselves accountable every day for providing quality healthcare and securing privacy for our patients and ”we continue to be disappointed the Indiana Attorney General’s office persists in putting the state’s limited resources toward this matter.”
