- Indiana AG Todd Rokita has issued a policy memo announcing that his office will no longer retain or approve requests to retain outside counsel from law firms that engage in diversity, equity, and inclusion (DEI) practices.
- Under the policy, a law firm is presumptively disqualified from consideration for retention if it engages in certain activities, such as using diversity metrics or targets in hiring, promoting, or contracting; offering race- or sex-based mentorship or fellowship programs; or maintaining a DEI officer, office, or committee.
- The policy applies to all new requests for outside counsel and amendments or renewals of prior requests; it does not affect previously approved contracts. Limited case-by-case exceptions may be granted when nonretention would cause the state “severe legal or economic harm” and there is no reasonable alternative counsel.
- We previously reported on Florida AG James Uthmeier’s implementation of a similar policy barring his office from retaining outside counsel that engage in DEI practices.