Indiana Supreme Court Publicly Reprimands Attorney General Todd Rokita for Comments on Abortion Doctor
By David Thomas
In a decision that illustrates a divided Indiana Supreme Court, Republican Attorney General Todd Rokita has been publicly reprimanded for his statements about a doctor who performed an abortion on a 10-year-old rape victim from Ohio. The court ruled that Rokita violated professional conduct rules for lawyers when he referred to Dr. Caitlin Bernard as an “abortion activist acting as a doctor” who had failed to report previous cases of child abuse during a Fox News interview in July 2022.
Acknowledging his wrongdoing, Rokita admitted that his comments went against the rules that prohibit lawyers from making public statements that could potentially “materially prejudice” a case. The state’s high court emphasized this violation. However, two of the panel’s five justices disagreed on the appropriate punishment, arguing that a public reprimand was too lenient considering Rokita’s position as attorney general and the extent of his admitted misconduct.
In response to the court’s decision, Rokita claimed vindication, highlighting that he was not found guilty of violating state law or anyone’s privacy. He also emphasized that no fines were imposed. Rokita attributed the disciplinary case to “liberal activists” who oppose his defense of individual liberties.
The case of Dr. Caitlin Bernard gained significant attention as it became a focal point in the ongoing debate surrounding abortion access following the U.S. Supreme Court’s overturning of Roe v. Wade in the previous year. This landmark decision from 1973 guaranteed federal abortion rights.
Rokita filed a medical licensing board complaint in November 2022, accusing Bernard of violating her patient’s privacy rights and failing to promptly report child abuse to Indiana authorities. In May, the board reprimanded Bernard for publicly discussing her patient’s condition, violating privacy laws, and imposed a fine of $3,000.
At the time of reporting, no response had been received from Bernard’s legal representative regarding the court’s decision. Bernard had previously stated that the Ohio child was referred to her three days after the overturning of Roe v. Wade.
In response to the U.S. Supreme Court ruling, Ohio and several other states swiftly implemented stringent restrictions on abortion, sometimes excluding cases involving rape. Moreover, in June, the Indiana Supreme Court upheld a law that effectively banned almost all abortions in the state.
David Thomas reporting, edited by David Bario and Nick Macfie.
