The opinion states it was misconduct for Rokita to describe Dr. Caitlin Bernard as an “abortion activist acting as a doctor — with a history of failing to report.” Rokita made the comments in July 2022 on a Fox News show hosted by Jesse Watters.
Justices Mark Massa, Geoffrey Slaughter and Derek Molter agreed in the opinion released Thursday that Rokita violated attorney conduct rules. Chief Justice Lorretta Rush and Justice Christopher Goff, in a dissenting opinion, said the discipline was too lenient given Rokita’s position as attorney general.
To resolve the complaint, Rokita said, he was required to sign an affidavit “without any modifications.”
What Todd Rokita did wrong
The Supreme Court’s opinion Thursday specifically found that Rokita violated rules that say a lawyer cannot make public statements about an investigation that has a likelihood of “materially prejudicing” the proceeding and that a lawyer cannot “use means that have no substantial purpose other than to embarrass, delay or burden a third person.”
Since Rokita admitted to both violations, according to the opinion, the justices dismissed a third charge for violating confidentiality requirements in Indiana law prior to filing a complaint against Bernard with the Medical Licensing Board last year