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The Marion Circuit Court has granted Indiana Attorney General Todd Rokita’s notice of withdrawal of motion in a lawsuit involving an Indianapolis doctor who performed an abortion on a 10-year-old Ohio girl.
Judge Amber Collins-Gebrehiwet granted the motion Tuesday, just a few days after Rokita had filed his withdrawal.
The lawsuit began last November, after Rokita said publicly he was investigating Dr. Caitlin Bernard after she publicly stated she performed an abortion for a 10-year-old girl from Ohio.
A Marion County judge found Rokita had violated state law.
Just two weeks ago, Rokita’s counsel was in court asking for reconsideration of Bernard’s motion to voluntarily dismiss the lawsuit.
“Despite earlier public statements, Dr. Bernard’s attorneys have now agreed on the record that the court’s earlier statement of finding is ‘dicta’ and therefore not binding on any other tribunal. They also acknowledge that Dr. Bernard’s voluntary dismissal of her suit meant that it is treated as if it ‘never existed.’ For these reasons and in the interest of judicial economy, the motion was withdrawn, and that withdrawal has been accepted by the court,” said an Office of the Attorney General spokesperson Wednesday in an email to Indiana Lawyer.
The lawsuit is now over, but Rokita’s administrative action against Bernard with the Medical Licensing Board of Indiana is still ongoing.
Bernard is scheduled to appear before the board on May 25.
There is a prehearing conference set for tomorrow.
The board will consider whether or not Bernard violated professional standards. She has argued that she was acting consistent with IU Health policies where she practices.
Rokita claims Bernard failed to immediately report the abuse and rape of a child to authorities, and that she violated patient privacy laws.
Editor’s note: This article has been updated.
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