A misconduct complaint has been filed against Indiana Attorney General Todd Rokita for publicly launching an investigation into a doctor who provided abortion services to a 10-year-old rape victim from Ohio.
Former dean of Indiana University’s law school, Lauren Robel filed a complaint with the Indiana Supreme Court Disciplinary Commission on Friday, accusing Rokita of “recklessly” making claims that weren’t backed by fact, the Indianapolis Star reports.
“He has a special responsibility to take care that the rule of law and the standards of the profession are protected, and a special responsibility to protect our citizens, not to launch dangerous, politicized, and factually baseless assaults against them,” Robel wrote.
Rokita announced the investigation into Dr. Caitlin Bernard last week during an appearance on Fox News after the story about the 10-year-old getting an abortion was confirmed. He said his office will be looking into whether Bernard reported the abortion and suspected sexual abuse as required under state law.
Indiana law requires that a doctor who provided an abortion to a person under 16 must file a report with the Indiana Department of Health and the Indiana Department of Child Services within three days after the procedure.
Public records show Bernard reported the abortion to the Indiana Department of Health and the Department of Child Services within the required time frame. She also indicated the girl was seeking an abortion as a result of being abused.
“What General Rokita did, in essence, was identify a private citizen whose political views he disagrees with and suggest repeatedly, on national television, and on the Attorney General’s official website, that she had broken the law, with no evidence to support those claims,” Robel wrote. “If he can throw the entire weight of his office without consequence to attack Dr. Bernard, he can do so to target any private citizen with whom he disagrees. This is the opposite of the rule of law.”
Rokita’s office said it will continue its investigation into Bernard even after the misconduct complaint has been filed.
“Any attorney or client can file anything they want, even without basis, which is the case here,” a spokeswoman for Rokita’s office said. “Our office is continuing its investigation into whether Dr. Caitlin Bernard was in compliance with Indiana and federal privacy laws, among other reporting and confidentiality requirements and practices. No enforcement actions have been filed.“
Bernard’s employer, IU Health, has said no HIPAA violation occurred.
If the commission investigates and found that Rokita committed personal misconduct, the Indiana Supreme Court will decide what if any punishment is required which can range from a reprimand or temporary suspension of his law license to full disbarment.
