In the Matter of Theodore Edward Rokita

Summary

The Indiana Supreme Court denied the Attorney General’s motion to dismiss a disciplinary complaint alleging that his later public statements showed he had not truthfully accepted responsibility in an earlier disciplinary proceeding. The Court held that the factual and constitutional defenses were better addressed after an evidentiary hearing, where the Commission must prove misconduct by clear and convincing evidence. It appointed a three-member hearing panel, stayed discovery pending its appointment, referred discovery disputes to the panel, and ordered an answer.