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Indiana AG Todd Rokita Seeks Dismissal of Disciplinary Charges, Claims Free Speech Rights at Risk

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Published on February 21, 2025
Indiana AG Todd Rokita Seeks Dismissal of Disciplinary Charges, Claims Free Speech Rights at RiskSource: Wikipedia/US House of Reps, Public domain, via Wikimedia Commons

Indiana Attorney General Todd Rokita has filed a motion to dismiss a complaint from the Indiana Supreme Court Disciplinary Commission. The complaint, dated January 31, accused Rokita of making false statements after his public reprimand by the Supreme Court back in 2023. Rokita, insisting that his free speech rights were under attack, characterized the latest complaint as "unconstitutional harassment," detailed by the Indiana Capital Chronicle.

The tensions stem from a controversial case involving Rokita's comments on a television interview about an abortion performed by OB-GYN Caitlin Bernard on a 10-year-old rape victim from Ohio. Rokita had previously referred to Bernard as "an abortion activist acting as a doctor" with a "history of failure to report," as noted by IndyStar. Following a public reprimand for these comments, Rokita signed a Conditional Agreement, admitting to misconduct.

However, Rokita's subsequent press statement released on November 2, 2023, stated that he "never violated any laws," which the Disciplinary Commission argues contradicts his earlier acceptance of responsibility. Issues were raised with titles of prior drafts of the statement, such as "Rokita beats attempt to take his law license" and "Cancel culture loses battle to vindicate abortionist, take law license and stifle free speech," according to FOX 59.

In defending himself, Rokita claims his right to free speech is being stifled, asserting that he should not face the "constant threat of an unelected commission parsing his every word." His 26-page motion to dismiss challenges the Disciplinary Commission's actions as a violation of the "constitutional separation of powers principles" and argues that the charges levied against him also conflict with Indiana's Anti-SLAPP statute, as reported by the Indiana Capital Chronicle.

Adrienne Meiring, executive director of the disciplinary commission, wrote in the complaint that "this retraction of acceptance of responsibility demonstrates that the respondent was not candid with the court when he attested that he admitted he had violated Indiana Professional Conduct Rules." Rokita's counterpoint in his motion suggests that although he was reprimanded for violating conduct rules, these are not the same as statutory laws. He argues that his statement, "I deny and was not found to have violated anyone’s confidentiality or any laws. I was not fined," is accurate based on these definitions, as detailed by Indiana Capital Chronicle.