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Attorney General Todd Rokita is facing disciplinary action for a second time after the Indiana Supreme Court Disciplinary Commission filed another complaint against him Friday morning.
In its complaint, the commission alleged Rokita violated the Indiana Professional Rules of Conduct by making false statements to the Indiana Supreme Court in a previous conditional agreement and an accompanying affidavit from when he was disciplined by the high court in 2023.
Rokita responded to Indiana Lawyer with a lengthy emailed statement, where he said, “The lawfare continues and is aimed at silencing me because they don’t like what I say on behalf of Hoosiers who spoke loudly at the ballot box recently. This is an attempt to take away their voices as well.
These never ending investigations have created unnecessary distractions and expenses, and despite my offer to take responsibility well over a year ago, this matter continues to be revisited by politically passionate people who have weaponized the process, going well beyond what is fair and appropriate.
The claim that my press statement contradicts the agreement is wrong. The agreement required me to acknowledge the disciplinary process and accept the reprimand, which I did — it did not require me to forfeit my right to speak truthfully about what happened regarding a major political and policy matter. I upheld my obligations while also defending myself against mischaracterizations that were circulating for weeks while being prohibited from speaking. Once able, I spoke truthfully.
I remain committed to enforcing the law, protecting Hoosiers, and defending their rights, undeterred by efforts to create further controversy where none should exist.”
The Indiana attorney general has the opportunity to respond to the complaint filed against his law license. His case is one of 11 pending before the Indiana Supreme Court.
Executive Director Adrienne Meiring requested that Rokita be disciplined for the alleged misconduct and be ordered to pay expenses for the case that the commission incurred in the investigation.
Rokita’s journey with the disciplinary commission started after he made politically-charged comments about an Indiana physician to Fox News in July 2022.
At that time, Rokita called OB-GYN Caitlin Bernard an “activist acting as a doctor” and said his office would be investigating her.
Bernard performed a medical abortion on a 10-year-old rape victim, who was forced to come to Indiana for the treatment because her home state of Ohio prohibited it at that time.
Rokita was publicly reprimanded by the Indiana Supreme Court for the comments, which the court said had “no substantial purpose other than to embarrass or burden” Bernard.
The court later unsealed the conditional agreement with Rokita that contained the reprimand.
That decision came after the state disciplinary commission complained that Rokita’s unrepentant statements following the reprimand merely two hours later were inconsistent with what he committed to in the agreement.
Rokita has noted that a separate investigation by the Indiana State Medical Licensing Board agreed with him, by reprimanding Bernard for a patient privacy violation.
However, it rejected other issues raised by Rokita, with the board president calling Bernard a “good doctor.”
Additionally, the commission claimed Rokita engaged in dishonest behavior and misrepresented to the Supreme Court in the conditional agreement and the accompanying affidavit.
Lastly, the complaint states that Rokita violated Indiana Professional Rules of Conduct by issuing a press release on Nov. 2, 2023, which the commission claims made statements that contradicted the statements he swore to in the conditional agreement and accompanying affidavit.
The press release included Rokita’s statement following the resolution of the disciplinary case.
“First things first: I deny and was not found to have violated anyone’s confidentiality or any laws. I was not fined,” Rokita said in the press release.
The commission claims the statement goes against what he agreed on with the court in which he stated he voluntarily agreed to discipline and “knew if the proceeding were prosecuted, he could not successfully defend himself.”
Lake County Prosecutor and commission member Bernard Carter did not participate in the complaint.
Carter, a member of the disciplinary commission and its former chair, endorsed Rokita’s Democratic challenger Destiny Wells while complaints regarding Rokita were potentially pending before the commission.
The case is In the Matter of Theodore E. Rokita, 25S-DI-29.
This story has been updated.
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