Disciplinary Action for Indiana Attorney General Over Remarks on Physician

The Attorney General of Indiana, Todd Rokita, has been formally censured for his public comments regarding a physician who performed an abortion on a young rape survivor. This reprimand was handed down in a recently released judicial opinion.

Dr. Caitlin Bernard came into the public eye following an interview with the Indianapolis Star on July 1, 2022, in which she revealed she had administered a medically induced abortion to a 10-year-old girl from Ohio. This case became particularly noteworthy after the reversal of Roe v. Wade and under the Ohio legislation which banned abortions past six weeks, whereas Indiana’s laws still permitted the procedure.

The Indiana Supreme Court’s disciplinary commission concluded that in a Fox News interview conducted in July 2022, Rokita, a staunch anti-abortion Republican, committed professional misconduct by making unfounded allegations against Bernard, who practices obstetrics and gynecology in Indianapolis.

The disciplinary commission’s findings were particularly critical of Rokita for labeling Bernard as an “abortion activist masquerading as a doctor” and wrongly alleging she had a record of neglecting to report abuse.

Rokita acknowledged wrongdoing concerning two professional conduct rules: making a public statement likely to be prejudicial to a proceeding, and which served no significant purpose besides casting aspersions on the doctor.

Subsequent to his admission, a fine of $250 was imposed, and he received a public censure. However, a separate allegation accusing Rokita of prematurely disclosing information about an ongoing investigation into Bernard was dismissed.

In a rebuttal to the disciplinary action, Rokita maintained his stance, asserting his remarks were based on facts and justified his description of Bernard as an outspoken proponent of abortion rights.

The repercussions for Bernard’s decision to go public about the abortion involved a rebuke from the state medical board for an alleged breach of privacy standards, though the board dismissed claims of her failing to report child abuse. Furthermore, Rokita has pursued legal action against Bernard’s employer, Indiana University Health, claiming the disclosure of the case infringed patient confidentiality. This case is yet to reach a conclusion.

In the aftermath of the controversy, Indiana passed new abortion restrictions, making it the first state to enact such legislation following the federal rollback of abortion rights.

While Rokita faced disciplinary measures, the decision was not without its detractors, with two justices deeming the punishment insufficient. Critics, including Planned Parenthood’s Rebecca Gibron, have voiced strong disapproval, suggesting the penalty fails to address the gravity of Rokita’s actions.

The case reached a grim resolution with the conviction of Gerson Fuentes, the perpetrator of the assault, who received a life sentence for the rape of the young girl.

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• Indiana AG Disciplinary Measures
• Abortion Laws in Indiana
• Professional Conduct in Legal Profession
• Patient Privacy in Medical Cases
• Legal Outcomes of Rape Cases