Indiana Attorney General Todd Rokita faces a misconduct complaint for statements he made last year about the case of a 10-year-old patient's abortion and the physician who performed the procedure, according to media reports.
The Indiana Supreme Court Disciplinary Commission filed the complaint on Sept. 18.
The majority of the complaint stems from statements he made about IU Health physician Caitlin Bernard, MD, on a Fox News show in 2022, according to the Indianapolis Star. During the appearance, Mr. Rokita made allegations that Dr. Bernard had a history of failing to report abortions.
Mr. Rokita's office went on to file an administrative complaint against Dr. Bernard for violating reporting requirements and for violating patient privacy laws, after reports of the patient's abortion made the news. Dr. Bernard did receive a reprimand and fine from the state medical board for violating patient privacy rules, but the board rejected the other accusations.
The Indiana Supreme Court Disciplinary Commission alleges Mr. Rokita's remarks, which include calling Dr. Bernard an "abortion activist acting as a doctor — with a history of failure to report," violate professional conduct rules for lawyers, the Indianapolis Star reported. Specifically, the rules state that an Indiana lawyer who is participating in an investigation may not make statements that have a likelihood of "materially prejudicing" the proceeding and cannot "use means that have no substantial purpose other than to embarrass, delay or burden a third person."
According to the Indiana Capital Chronicle, the complaint also alleges that Mr. Rokita improperly disclosed on national television that his office was investigating Dr. Bernard and alleges he broke another professional rule by making the disclosure before filing an administrative complaint that resulted in the state medical licensing board conducting a hearing and finding in May that Dr. Bernard violated HIPAA.
The commission requested that Mr. Rokita be disciplined "as warranted for professional misconduct" and that the court order him to pay relevant fees, according to The Hill.
In a statement Sept. 18, Mr. Rokita responded to the complaint, arguing that public statements and letters about seeking certain versions of Termination of Pregnancy Reports did not concern anything confidential and that his statements were consistent with his official duties.
He also argues that he has a duty to keep the public informed of the attorney general office's actions and decisions and that it is unclear if the confidentiality statute referenced in the complaint applies to the elected attorney general.
"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," Mr. Rokita said in his statement.
"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."
The complaint comes days after Mr. Rokita filed a lawsuit against IU Health and IU Healthcare Associates, alleging that the Indianapolis-based academic medical center failed to train employees and protect personal health information a year after Dr. Bernard spoke to the media about the abortion.