Full opinion text
OPINION AND ORDER THERESA L. SPRINGMANN, District Judge. The people of the State of Indiana through the Indiana Constitution have granted the Indiana Supreme Court authority to regulate the conduct of Indiana lawyers and judges. In exercising this authority, the Indiana Supreme Court has adopted the Indiana Rules of Professional Conduct and the Indiana Code of Judicial Conduct. In adopting these rules of conduct, the court has balanced values important to the administration of justice (such as judicial fairness, impartiality, independence, integrity, and competence, the principles of justice, and the rule of law) against other values (such as the speech rights of judges and judicial candidates). Additionally, in response to decisions by federal courts regarding the constitutionality of various standards governing judicial conduct, the Indiana Supreme Court has amended the Indiana rules, even as recently as within the last year. In this case, a nonprofit issue advocacy organization, a judge, and an attorney who recently ran for judicial office challenge several rules adopted by the Indiana Supreme Court that govern the conduct of judges and judicial candidates. They argue that these rules unconstitutionally restrict their free speech and association rights in violation of the First Amendment to the Constitution of the United States of America. This matter is now before the Court for ruling on cross-motions for summary judgment filed by the parties. Although the parties do not highlight any real dispute over material facts, they do pose one overarching legal question: do certain rules adopted by the Indiana Supreme Court to govern the conduct of judges and candidates for judicial office violate the free speech and association rights of judges and judicial candidates as protected by the First Amendment? For the reasons stated in this Opinion and Order, the Court finds that the rules challenged in this lawsuit do not violate the Plaintiffs’ First Amendment speech and association rights. PROCEDURAL BACKGROUND On September 29, 2004, Indiana Right to Life, Inc. (IRL) and two other plaintiffs (who were not judicial candidates) instituted a lawsuit (Indiana Right to Life, Inc., et al. v. Randall T. Shepard, Cause Number 4:04-CV-71 (Shepard I)) in this judicial district against members of the Indiana Commission on Judicial Qualifications (ICJQ) and the Indiana Disciplinary Commission (IDC), seeking declaratory and injunctive relief, challenging the “pledges or promises clause” and the “commits clause” (Canon 5A(3)(d)(i) and (ii)) and the “recusal requirement” (Canon 3E(1)) of the Indiana Code of Judicial Conduct in effect at that time, and claiming that these provisions might prohibit judicial candidates from responding to an IRL questionnaire. Judge Allen Sharp denied the plaintiffs’ request for a preliminary injunction. Ultimately, however, Judge Sharp permanently enjoined enforcement of the “pledges or promises clause” and the “commits clause,” but denied the plaintiffs’ request for a permanent injunction with respect to the “recusal requirement.” Ind. Right to Life, Inc. v. Shepard, 463 F.Supp.2d 879 (N.D.Ind.2006). The defendants appealed, and the Seventh Circuit reversed, holding that the plaintiffs lacked standing to assert a First Amendment claim because they lacked sufficient evidence of willing speakers. Ind. Right to Life, Inc. v. Shepard, 507 F.3d 545 (7th Cir.2007). On January 4, 2008, that ease was dismissed. On April 18, 2008, IRL along with Torrey Bauer, an attorney and (at that time) a candidate for judge of the Kosciusko Superior Court, and Judge David Certo of the Marion Superior Court, instituted this lawsuit against members of the ICJQ and the IDC in their official capacities. The Plaintiffs claimed that provisions of the Code violate their rights under the First and Fourteenth Amendments to the United States Constitution. In their original Verified Complaint for Relief [DE 1], they sought injunctive relief barring enforcement of the “pledges or promises clause” (Canon 5A(3)(d)(i)), the “commits clause” (Canon 5A(3)(d)(ii)), and the “recusal requirement” (Canon 3E(1)) of the Code in effect at that time. In addition to their Complaint, the Plaintiffs filed a Motion for Temporary Restraining Order [DE 3] and a Memorandum in Support [DE 4]. The Court construed the Motion as a request for a preliminary injunction because the Defendants had received notice of the Plaintiffs’ request. On April 29, the Defendants filed a Memorandum in Opposition [DE 16]. On April 30, the Court conducted an evidentiary hearing, permitting the parties to present evidence and argument with respect to the request for a preliminary injunction. On May 6, the Court issued an Opinion and Order granting the Plaintiffs’ request for a preliminary injunction and enjoining the ICJQ and the IDC from initiating disciplinary proceedings under the “pledges or promises clause” and the “commits clause” (Canon 5A(3)(d)(i) and (ii)) against judicial candidates who respond to the IRL’s 2008 questionnaire until the Court issues a final decision on the merits. On June 5, the Plaintiffs filed a Verified Amended Complaint for Relief [DE 25], in which they continued to challenge the “pledges or promises clause” (Canon 5A(3)(d)(i)), the “commits clause” (Canon 5A(3)(d)(ii)), and the “recusal requirement” (Canon 3E(1)). However, they added challenges to the “partisan activities clauses” (Canon 5A(l)(a) & (c)) and the “solicitation clauses” (Canon 5A(l)(e) & 5C(2)), as well as Canons 5A(l)(b) and 5C(l)(g). On July 16, the Defendants filed their Answer [DE 29], On July 28, the Plaintiffs filed a Motion for Summary Judgment [DE 31] and supporting brief [DE 32]. On August 27, the Defendants responded by filing a Motion to Deny Plaintiffs’ Motion for Summary Judgment or, Alternatively, to Continue Under Rule 56(f) [DE 33] and Memorandum in Support [DE 34]. On September 8, the Indiana Supreme Court issued a press release indicating its adoption of a new Code of Judicial Conduct (or its amendment of the existing Code), which would go into effect on January 1, 2009, and on September 19, the Indiana Supreme Court issued its Order Amending Code of Judicial Conduct. On September 11, the Plaintiffs filed a Response in Opposition [DE 35] to the Defendants’ Motion. On September 25, the Court issued an Opinion and Order granting in part and denying in part the Defendants’ Motion to Deny Plaintiffs’ Motion for Summary Judgment or, Alternatively, to Continue Under Rule 56(f), and allowing the Defendants to file their Response to the Plaintiffs’ Motion for Summary Judgment sixty days after the Plaintiffs respond to the Defendants’ discovery requests. On October 1, Plaintiff Certo filed a Motion for Preliminary Injunction and Temporary Restraining Order [DE 39] and a Memorandum in Support [DE 40]. On October 7, the Court conducted a telephone conference with the parties. During the conference, the Court raised the issue of the new Code adopted by the Indiana Supreme Court, which was to take effect on January 1, 2009. The Plaintiffs expressed their view that the 2009 Code was not substantially different from the pre-2009 Code, that there was no need to amend the Complaint or other submissions based upon the adoption of the new Code, and that their Motion for Summary Judgment was still viable, even as to the 2009 Code. The Defendants urged that relevant provisions of the Code were rewritten, that the 2009 Code renders issues regarding the pre-2009 Code moot, and that these differences have an impact on the Plaintiffs’ Motion for Summary Judgment and any ruling the Court would enter on the Plaintiffs’ Motion. On October 8, the Court issued an Order setting a discovery and briefing schedule on the Plaintiffs’ Motion for Summary Judgment. On October 16, the Defendants filed a Memorandum in Opposition [DE 48] to Plaintiff Certo’s Motion for Preliminary Injunction, and on October 21, Plaintiff Certo filed his Reply in Support [DE 50]. On October 22, the Court conducted a hearing on Plaintiff Certo’s Motion for Preliminary Injunction. The parties then proceeded with discovery. The Defendants’ response to the Plaintiffs’ Motion for Summary Judgment was due on March 11, 2009, and the Plaintiffs’ reply on April 1, but these deadline were later extended at the parties’ request. On March 23, 2009, 2009 WL 791548, the Court entered an Opinion and Order [DE 64] denying without prejudice as moot the Plaintiffs’ Motion for Summary Judgment [DE 31] and Motion for Preliminary Injunction and Temporary Restraining Order [DE 39], based upon the Indiana Supreme Court’s issuance of the new Code. The Court noted that the pre-2009 version of the Code no longer had legal effect, that the 2009 Code included provisions that corresponded (to some degree or another) to the challenged provisions of the pre-2009 Code, that the Plaintiffs’ Verified Amended Complaint for Relief and the other submissions of the parties were based on the pre-2009 version of the Code, and that the parties in their submissions had not adequately addressed the similarities and differences between the old Code and the new Code. For these reasons, the Court directed the parties to prepare submissions to address the differences between the pre-2009 version and the new Code and the impact (if any) of the differences on the Plaintiffs’ constitutional claims. In the interest of consolidating issues addressed in disparate motions, addressing the Plaintiffs’ claims based upon the current version of the Code, promoting judicial economy and efficiency, and achieving the orderly disposition of this case, the Court set deadlines for the parties to amend the pleadings and to file and brief any dispositive motions. On April 6, the Plaintiffs filed a Verified Second Amended Complaint for Relief [DE 67]. In this Second Amended Corn-plaint, the Plaintiffs challenge the “pledges, promises, or commitments clauses” (Rules 2.10(B) & 4.1(A)(13)), the “recusal clause” (Rule 2.11(A)), the “partisan activities clauses” (Rules 4.1(A)(1) & (2)), and the “solicitation clauses” (Rules 4.11(A)(4) & (8)) of the 2009 Code. The Plaintiffs ask the Court to declare these provisions of the 2009 Code unconstitutional, as well as Canon 5A(3)(d)(i) and (ii) of the former Code, and to enjoin their enforcement. On April 16, the Defendants filed their Answer [DE 69]. On May 1, the Plaintiffs filed a Motion for Summary Judgment [DE 70] and a Memorandum in Support [DE 71]. Also on May 1, the Defendants filed a Motion for Summary Judgment [DE 72], a Memorandum in Support [DE 73], and a Designation of Evidence and Exhibits in Support [DE 74]. On May 15, the Plaintiffs filed a Response in Opposition [DE 76] to the Defendants’ Motion, and the Defendants filed a Memorandum in Opposition [DE 77] to the Plaintiffs’ Motion. On June 1, the Plaintiffs filed a Reply in Support [DE 78] of their Motion, and the Defendants filed a Reply Memorandum in Support [DE 79] of their Motion. On June 18, the Defendants filed a Notice of Supplemental Authority [DE 80], and on June 23, the Plaintiffs filed a Response to Defendants’ Notice of Supplemental Authority [DE 81]. SUMMARY JUDGMENT STANDARD The Federal Rules of Civil Procedure provide that motions for summary judgment should be granted “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A genuine issue of material fact exists when “ ‘there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.’ ” AA Sales & Assocs. v. Coni-Seal, Inc., 550 F.3d 605, 608-09 (7th Cir.2008) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). Under Rule 56(e)(2), a party opposing a properly made and supported motion for summary judgment “may not rely merely on allegations or denials in its own pleading; rather its response must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial.” If appropriate, summary judgment should be entered against a party who fails to so respond. Fed. R.Civ.P. 56(e)(2); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (holding that a court should enter summary judgment, after adequate time for discovery, against a party “who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial”). A court’s role on summary judgment is not to weigh the evidence, make credibility determinations, or decide which inferences to draw from the facts, but instead to determine whether there is a genuine issue of triable fact. Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Washington v. Haupert, 481 F.3d 543, 550 (7th Cir.2007); Payne v. Pauley, 337 F.3d 767, 770 (7th Cir.2003). Thus, a court in ruling on a summary judgment motion construes all facts in the light most favorable to the nonmoving party and draws all reasonable inferences in that party’s favor. AA Sales & Assocs., 550 F.3d at 609. When cross-motions for summary judgment are filed, the Court evaluates each motion on its merits. The filing of such cross-motions does not imply the absence of material fact issues. Additionally, the parties bear “different burdens of proof with respect to particular facts,” and “different legal theories will have an effect on which facts are material.” R.J. Corman Derailment Servs., LLC v. Int’l Union of Operating Eng’rs, Local 150, 335 F.3d 643, 647-48 (7th Cir.2003). The Court construes “all facts and inferences therefrom ‘in favor of the party against whom the motion under consideration is made.’ ” In re United Air Lines, Inc., 453 F.3d 463, 468 (7th Cir.2006) (quoting Kort v. Diversified Collection Servs., Inc., 394 F.3d 530, 536 (7th Cir.2005)). Thus, when consider-, ing the Plaintiffs’ Motion for Summary Judgment, the Court must give the Defendants the benefit of all conflicts in the evidence and the benefit of all reasonable inferences that might be drawn from the evidence in their favor, and when considering the Defendants’ Motion, the roles are reversed. FACTUAL AND LEGAL BACKGROUND REGARDING THE PARTIES AND THE CODE OF JUDICIAL CONDUCT A. The Plaintiffs 1. Indiana Right to Life, Inc. IRL is a non-profit corporation incorporated in the State of Indiana. It was formed to unite individuals concerned about the sanctity of human life, to provide education regarding abortion, infanticide, and euthanasia, to promote the right to life, and to advance legislative and constitutional changes that promote the right to life. It advances these purposes by, among other things, sending questionnaires to candidates for public office, including state judicial candidates, eliciting their views on a number of legal, political, and social issues of interest to the group. IRL then publishes the candidates’ views. In 2002 and 2004, and most recently on March 22, 2008, IRL sent questionnaires to judicial candidates. The 2008 questionnaire began with the following discussion: In Republican Party of Minnesota v. White [536 U.S. 765], 122 S.Ct. 2528 [153 L.Ed.2d 694] (2002), the U.S. Supreme Court recently held unconstitutional a canon of judicial ethics that prohibited candidates for elective judicial office from announcing their views on disputed legal or political issues. The canon violated the First Amendment because it prohibited speech on the basis of content and burdened speech of political candidates[ — ]a category of speech at the core of First Amendment freedoms. Judicial candidates may clearly express their views on legal and political issues without fear of being sanctioned by judicial or legal ethics authorities for doing so. Indiana Right to Life, Inc., certainly recognizes that judicial candidates should maintain actual and apparent impartiality. Thus, Indiana Right to Life recognizes that judicial candidates should not pledge or promise certain results in particular cases. Nevertheless, in judicial elections, voters need to know the views of judicial candidates in order to make intelligent and conscientious decisions regarding candidates’ general views on the law and personal values. This questionnaire is intended to elicit candidates’ views on issues of vital interest to the constituents of Indiana Right to Life without subjecting candidates answering its questions to accusations of partiality or requiring candidates to recuse themselves in the future. (Verified Second Am. Compl., Ex. 5 at 1, DE 67-6 (bold omitted).) It posed the following nine propositions to candidates, each prefaced with some brief background or overview of the legal or political issue: 1. VALUE OF EARLY HUMAN LIFE.... I believe that the unborn child is biologically human and alive and that the right to life of human beings should be respected at every stage of their biological development. 2. LEGAL ABORTION.... a. I believe that abortion should be permitted only to prevent the death of the mother. b. I believe that abortion should be permitted only to prevent the mother’s death, in cases of incest, and in reported cases of forcible rape. c. Other (please explain) 3. FEDERAL CONSTITUTIONAL RIGHT TO ABORTION.... I believe that Roe v. Wade was wrongly decided. 4. STATE CONSTITUTIONAL RIGHT TO ABORTION.... I believe that there is no provision in our current Indiana Constitution which is intended to protect a right to abortion. 5. STATE RIGHT TO ABORTION FUNDING.... I believe that Humphreys v. Clinic for Women[ Inc., 796 N.E.2d 247 (Ind.2003),] was wrongly decided. 6. STATE RIGHT TO ASSISTED SUICIDE.... I believe that there is no provision of the current Indiana Constitution which is intended to protect a right to assisted suicide. 7. DISPOSITION OF HUMAN BEINGS IN VITRO.... I believe that human beings whose lives begin by in vitro fertilization or cloning and who exist outside the body of a woman are not personal property and should be treated in accord with their best interests in any dispute over their disposition. 8. WRONGFUL LIFE.... I do not believe that a person should be able to sue another because he or she was born alive with a disability rather than aborted. 9.WRONGFUL BIRTH.... I believe that Bader v. Johnson, 732 N.E.2d 1212 ([Ind.] 2000) was wrongly decided. (Verified Second Am. Compl., Ex. 5 at 1-5, DE 67-6 (bold omitted).) Candidates are asked to indicate one of the following responses to each of these propositions: “agree,” “disagree,” “undecided,” “decline,” or “refuse to answer.” The “decline” response is accompanied by an asterisk with the following statement: By declining to answer, I assert that I would have replied to this question but for the prospect that I may be disciplined for doing so under Indiana Judicial Canon 5A(3)(d)(i) and (ii) — which provides that a judicial candidate “shall not: (i) make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; [or] (ii) make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court.” I also will not answer because doing so could subject me to mandatory recusal as a judge under Canon 3E(1), which requires “A judge [to] disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.” My response would neither cause me to be biased for or against parties nor affect my ability to be open-minded with regard to any issue. (Verified Second Am. Compl., Ex. 5 at 2-6, DE 67-6.) The abortion legality question provided respondents several blank lines to explain what they might mean by “other.” IRL received thirty-five responses from judicial candidates. Five candidates responded by letter, one of which stated that the candidate believed “responding to the survey would violate the judicial canons that are currently in place” and therefore “decline[d] to respond to [the] survey.” (Verified Second Am. Compl., Ex. 6 at 2, DE 67-7.) Thirty-one of these respondents filled out the questionnaire, and twenty-one of these declined to answer some or all of the questions. From these respondents, there were indications that a threat of discipline based upon the Code of Judicial Conduct or a prospect of violating a judicial conduct canon was a factor in their decision to decline to answer the questionnaire. Ten responded to each of the nine propositions, but IRL did not publish the responses out of a concern that these respondents would be subject to discipline under the Code or would be required to recuse themselves from cases involving issues discussed in the question-name. IRL wanted to publish responses to its 2008 questionnaire of judicial candidates before the May 2008 primary election and the November 2008 general election. IRL desires to publish responses of judicial candidates to identical questionnaires in future elections. 2. Torrey Bauer Plaintiff Torrey Bauer is an attorney in Kosciusko County, Indiana. In the 2008 Republican primary race, he was a candidate for superior court judge in the Kosciusko County, but he was not nominated. Mr. Bauer completed and returned the 2008 IRL questionnaire, unaware of the Seventh Circuit’s reversal of the injunction entered by Judge Allen Sharp. He did not contact the ICJQ for advice regarding whether answering the 2008 questionnaire would violate the Code. Mr. Bauer has expressed some concern that he may have violated the pre-2009 Code by completing the 2008 questionnaire and that he may therefore be subject to discipline. He has also indicated that he intends to run for judicial office in the future, that he would decline to answer future IRL questionnaires based upon the provisions of the 2009 Code, and that he may have to recuse himself from cases in the event he wins a bid for judge. 3. Judge David Certo Judge David Certo is a superior court judge in Marion County, Indiana. In 2007, he was appointed by Governor Mitch Daniels to fill a vacancy on that court. When he accepted the appointment, he knew that the canons of judicial conduct would limit his partisan political activities. In 2008, he was a candidate for re-election to that office. When he received the 2008 IRL questionnaire, he considered providing substantive answers, but was unsure whether he was permitted to answer under the canons. He sought legal advice from Mr. James Bopp, his counsel in this case, but he did not inquire of the ICJQ whether answering the questionnaire would violated the Code. He did not answer any of the questions in the questionnaire because he thought he was prohibited from doing so by the “pledges or promises clause” and the “commits clause” of the pre-2009 Code and would be required to recuse himself from cases involving issues addressed in the questionnaire. Judge Certo has expressed that he intends to run for judicial office in the future and that he believes the 2009 Code would prohibit him answering future questionnaires. Judge Certo, who has been active in Republican Party politics for many years, wants personally to solicit funds for his own campaign from non-attorneys and out-of-state attorneys and to solicit first-time donations from groups of young people and donors to the Republican Party to encourage financial participation in state and local Republican Party activities. He also wants to continue to participate in certain activities he has previously engaged in, such as serving as a delegate to the Indiana State Republican Convention, speaking at political club meetings on behalf of Republican judges and the Republican Party, and speaking to students on behalf of the Republican Party at events such as the Eastern Indiana Model Legislature. B. Judicial Power and Judicial Selection in Indiana Through Article 7, § 1 of the Indiana Constitution, the people of Indiana have vested the judicial power of the state in the judicial branch. Ind. Const, art. 7, § 1 (“The judicial power of the State shall be vested in one Supreme Court, one Court of Appeals, Circuit Courts, and such other courts as the General Assembly may establish.”); State v. Monfort, 723 N.E.2d 407, 409 (Ind.2000). Under the Constitution, the General Assembly has the power both to create and to abolish courts, although it “cannot entirely abolish the courts whose existence is constitutionally mandated” and must not transgress the separation of powers doctrine of Article 3, § 1 of the Indiana Constitution. Monfort, 723 N.E.2d at 410, 411-14. The General Assembly has enacted statutes establishing and organizing courts throughout the state, including specifying qualifications for judges, setting terms of office, and providing for the selection of judges, which may occur through elections or nominating processes. See, e.g., Ind.Code §§ 33-26-1-1, 33-26-2-1 to -4, 33-28-2, 33-29-1-3, & 33-33. Most judicial elections in Indiana are partisan, but some are not. As to the selection of justices of the Indiana Supreme Court and judges of the Court of Appeals, Article 7, § 10 of the Indiana Constitution prescribes a process that involves the Indiana Judicial Nominating Commission submitting to the Governor a list of three nominees for each vacancy. Appointments to appellate courts in Indiana are to be made without regard to political affiliation. Article 7, §11 defines the tenure of justices of the Indiana Supreme Court and judges of the Indiana Court of Appeals. C. The Jurisdiction of the Indiana Supreme Court, the ICJQ, and the IDC The Supreme Court of Indiana has exclusive jurisdiction in matters involving the admission of attorneys to the practice of law in Indiana, the discipline of attorneys admitted to the bar of the Indiana Supreme Court, and the discipline, removal, and retirement of all of Indiana’s judicial officers. Ind. Const, art. 7, § 4 (“The Supreme Court shall have no original jurisdiction except in admission to the practice of law; discipline or disbarment of those admitted; the unauthorized practice of law; discipline, removal, and retirement of justices and judges; supervision of the exercise of jurisdiction by the other courts of the State; and issuance of writs necessary or appropriate in aid of its jurisdiction.”); In re Keller, 792 N.E.2d 865, 867 (Ind.2003) (per curiam) (stating that Article 7, § 4 of the Indiana Constitution “vests this Court with exclusive jurisdiction in matters involving the admission and discipline of attorneys”); Ind.Code § 33-24-l-2(b)(l) (recognizing the Indiana Supreme Court’s exclusive jurisdiction to admit attorneys to practice law in all courts of the state under rules and regulations as the supreme court may prescribe); Ind. Code § 33-24-3-1 (providing for the Indiana Supreme Court to “adopt and publish rules in conformity with [§ ] 33-24-1-2(b) specifying the terms and conditions under which the supreme court ... exercise[s] jurisdiction”); Ind. Admission & Discipline R. 23(1) (stating that “[t]he Supreme Court has exclusive jurisdiction of all cases in which an attorney who is admitted to the bar of this Court or who practices law in this State (hereinafter referred to as ‘attorney’) is charged with misconduct,” and providing that, for purposes of this rule, the term “attorney” includes “any and all judges of any .and all courts of this State,” as well as all persons who are admitted to the bar of the Indiana Supreme Court or who practice law in Indiana); Ind. Admission & Discipline R. 25(I)(A) (“Pursuant to Article 7, Section 4 of the Constitution of Indiana, the Supreme Court of Indiana ... has exclusive, original jurisdiction for the discipline, removal, and retirement of all judicial officers of this state.”). The preamble to Rule 25 of the Indiana Rules for Admission to the Bar and the Discipline of Attorneys declares that “[t]he regulation of judicial conduct is critical to the integrity of the judiciary and to public confidence in the judicial system” and that “[t]he purpose of this rule is to provide a mechanism for the discipline of judicial officers of the State of Indiana.” Ind. Admission & Discipline R. 25. The ICJQ, the members of which are sued in their official capacities in this case, is an arm of the Indiana Supreme Court. The ICJQ was established by Article 7, § 9 of the Indiana Constitution, and it is authorized to receive and investigate complaints against all judicial officers of the state and to forward to the Indiana Supreme Court any recommendation for the discipline, removal, or retirement of any judicial officer of the state. Ind. Const, art. 7, § 9; Ind. Admission & Discipline R. 25(I)(B). The ICJQ has jurisdiction over conduct committed by a judicial officer and over violations of Canon 5 of the Code (presumably now Canon 4 of the 2009 Code) committed by a candidate for judicial office, and the ICJQ may refer to the IDC allegations of misconduct committed by a judicial officer while an attorney and not during his or her term in judicial office. Ind. Admission & Discipline R. 25(I)(D) & (E). The ICJQ’s statutory authority is set forth in Indiana Code § 33-38-13-1 et seq. Margaret Babcock served as a staff attorney to the ICJQ from 1987 to 1992, and she has served as counsel to the ICJQ since 1992. She is responsible for answering formal and informal inquiries from judges, judicial candidates, and the public regarding the Code of Judicial Conduct and for advising judicial candidates whether a proposed course of conduct would violate the judicial canons. She represents the ICJQ in enforcing the Code and helps judges and judicial candidates to act in manner consistent with the impartiality and independence of the judiciary. The IDC, whose members are also sued here in their official capacities, is an agency of the Indiana Supreme Court, and its powers and duties are outlined in Indiana Admission and Discipline Rule 23. Ind. Admission & Discipline R. 23(6). Among other things, it has the power and duty to supervise the investigation of claims of attorney misconduct. Ind. Admission & Discipline R. 23(8). According to Indiana Admission and Discipline Rule 23, “[a]ny conduct that violates the Rules of Professional Conduct or the Code of Judicial Conduct ... or any standards or rules of legal and judicial ethics or professional responsibility ... shall constitute grounds for discipline.” Ind. Admission & Discipline R. 23(2). Ms. Babcock did not advise any judicial candidates that the canons of judicial conduct prohibited them from answering IRL’s 2008 questionnaire or threatened any candidates with discipline if they did. No complaints are pending before the ICJQ related to IRL’s 2002, 2004, or 2008 questionnaire (or related to any other questionnaires submitted to judicial candidates or to questionnaire answers). The ICJQ has never instituted disciplinary proceedings against judicial candidates who have answered IRL’s questionnaires. Similarly, to,Ms. Babcock’s knowledge, the ICJQ has never investigated or prosecuted a judicial candidate or judge for answering an interest group questionnaire. D. Republican Party of Minnesota v. White, the ICJQ’s Advice, and Shepard I In Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002), the Supreme Court declared that the “announce clause” of the Minnesota Code of Judicial Conduct violated the First Amendment. The announce clause at issue in that case prohibited a candidate for a judicial office, including an incumbent judge, from announcing his or her views on disputed legal or political issues. Id. at 768, 122 S.Ct. 2528. The Court determined that the announce clause covered “much more than promising to decide an issue in a particular way. The prohibition extends to the candidate’s mere statement of his current position, even if he does not bind himself to maintain that position after election.” Id. at 770, 122 S.Ct. 2528. The White Court expressed “no view” regarding the clauses related to pledges or promises, which were not challenged in that case. Id. In response to the Supreme Court’s decision in White, Ms. Babcock drafted, and the ICJQ adopted, Preliminary Advisory Opinion # 1-02. Prior to the 2002 general election, she distributed this advisory opinion to all judicial candidates. The opinion indicated that Indiana removed the “announce clause” from the Code of Judicial Conduct in 1993, but it acknowledged that the ICJQ had, in effect, counseled judicial candidates against announcing their views on disputed social and legal issues. The opinion explained that, “in light of the White opinion, the Commission is compelled to acknowledge that candidates are permitted under the first amendment to state their general views about disputed social and legal issues.” (Defs.’ Ex. H at 2, DE 74-9.) The ICJQ added: Candidates have a constitutional right to state their views on, for example, abortion or the death penalty, to characterize themselves as “conservative” or “tough on crime,” or to express themselves on any number of other philosophies or perspectives. These examples are not exclusive, but are those about which candidates in Indiana most often inquire. (Id.) The opinion explained that the ICJQ could not provide a list of approved and disapproved statements because “the propriety of more particularized statements is too dependent upon context and facts to allow the Commission’s prejudgment in most instances” and that “many issues about campaign speech will require ad hoc analysis.” (Id. at 2-3.) Accordingly, the ICJQ advised candidates to contact it for advice prior to making campaign statements. The opinion warns candidates of the ease with which one can inadvertently violate the canons: As a judicial candidate makes more specific campaign statements relating to issues which may come before the court beyond, for example, the somewhat amorphous “tough on crime” statement, or broad statements relating to the candidate’s position on disputed social and legal issues, the candidate incurs the risk of violating the “commitment” clause and/or the “promises” clause. And, even where those clauses are not violated, the candidate’s statements may invite future recusal requests, or even mandate recusal on future cases; as such, they are subject to criticism both by the opponent and by the Commission as interfering with the proper performance of the judicial duties and with the proper administration of justice.... Clearly, a statement indicating that a candidate will rule in a particular way violates the “commitment” clause and the “promises” clause. A candidate’s statement must not be mutually exclusive with a pledge to be faithful to the law and to judge without partiality. A statement which appears to constitute a mere expression of fact, such as a candidate’s reference to a record of imposing harsh penalties in criminal cases, may be deemed an implied promise of future conduct and, certainly, subjects the candidate to criticism for calling into question his or her ability to rule in each case on the evidence and the law, and not for the purpose of fulfilling a personal predilection. Such a statement will be looked upon by the Commission with disfavor, as it likely represents a bias against criminal defendants who later may appear before the candidate. (Id. at 3.) Although some philosophical expressions may fall between an impermissible pledge and a proper statement about the best way to approach a social problem, such as the statement that “all drunk drivers should spend some time in jail,” (id. at 3), such statement could require recusal in the ICJQ’s opinion. (Id. at 4.) Statements of “literal fact” may even violate the canons because they are misleading, such as when a challenger criticizes an incumbent judge by stating that “hundreds of litigants are still waiting for their cases to be heard,” but no regard is given to the status of the cases when the incumbent judge presides in a busy court. (Id.) Such statements are inappropriate because they mislead voters into believing the judge is neglecting duties. (Id.) Similarly, a candidate cannot promise to “return integrity” to the bench or to “change the court to a forum where litigants will be treated with dignity” unless the statement is based on “objective and demonstrable facts about the incumbent’s qualifications or record.” (Id. at 5.) On August 2, 2005, the Eighth Circuit issued its opinion in Republican Party of Minnesota v. White, 416 F.3d 738 (8th Cir.2005) (en banc). The court determined that the Minnesota partisan activities clause, which prohibited judges and judicial candidates from identifying themselves as members of political organizations, attending political gatherings, or seeking, accepting, or using endorsements from political organizations, violated the First Amendment. Id. at 754-63. It also decided that the Minnesota solicitation clause, which prohibited judges and judicial candidates from personally soliciting or accepting campaign contributions or personally soliciting public support, and which provided for judicial campaign committees, violated the First Amendment. Id. at 763-66. As noted above, the earlier incarnation of this lawsuit (Shepard I) was instituted on September 29, 2004, a few years after the Supreme Court’s White decision and the issuance of Preliminary Advisory Opinion # 1-02. On November 28, 2006, Judge Sharp granted the plaintiffs’ request for injunctive relief, permanently enjoining enforcement of the “pledges or promises clause” and the “commits clause” (former Canon 5A(3)(d)(i) and (ii)), but he denied the plaintiffs’ request for a permanent injunction with respect to the “recusal requirement” (former Canon 3E(1)). Shepard, 463 F.Supp.2d 879. On October 26, 2007, the Seventh Circuit reversed Judge Sharp’s ruling because the plaintiffs lacked standing. Shepard, 507 F.3d 545. The Seventh Circuit located Shepard I in the genre of post-WMie lawsuits that “various groups have filed ... throughout the country” challenging the pledges/commitments clauses. Id. at 546 (citing, as examples, Pa. Family Inst., Inc. v. Black, 489 F.3d 156 (3d Cir.2007), and Alaska Right to Life Political Action Comm. v. Feldman, 504 F.3d 840 (9th Cir.2007)). Meanwhile, as these cases and similar cases were working their way through the federal and state courts, the American Bar Association (ABA) revised its Model Code of Judicial Conduct. (Defs.’ Ex. I.) The ABA adopted this revised Model Code in February 2007. E. The Relevant Provisions of the Pre2009 Code and Shepard II Prior to the adoption of the 2009 Code, the Code consisted of five canons and included provisions challenged in the Plaintiffs’ original complaint and first amended complaint. Former Canon 3E(1), the “recusal requirement,” provided that “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.” It was included under former Canon 3, which stated that “[a] judge shall perform the duties of judicial office impartially and diligently.” Former Canon 5A(3)(d)(i), the “pledges or promises clause,” provided that candidates for judicial office shall not “make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office.” Former Canon 5A(3)(d)(ii), the “commits clause,” provided that candidates for judicial office shall not “make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court.” Former Canon 5A(1) prohibited a judge or a judicial candidate from (a) “aet[ing] as a leader or holding] office in a political organization,” (b) “publicly endors[ing] or publicly opposing] another candidate for office,” or (c) “mak[ing] speeches on behalf of a political organization.” Canons 5A(l)(a), (b), and (c) have been termed “partisan activities clauses.” Former Canon 5A(l)(e) prohibited a judge or a judicial candidate from “soliciting] funds for, paying] an assessment, slating fee or other mandatory political payment to, or making] a contribution to, a political organization or candidate, or purchasing] tickets for political party dinners or other functions,” and former Canon 5C(2) prohibited a judicial candidate from “personally soliciting] or accepting] campaign contributions or personally soliciting] publicly stated support.” Former Canons 5A(l)(e) and 5C(2) have collectively been referred to as the “solicitation clauses.” Former Canon 5C(1) permitted judges and judicial candidates who are subject to public election to attend gatherings of political organizations, purchase tickets for such gatherings for the judge and the judge’s guest, identify themselves as members of political parties, voluntarily contribute to political organizations, speak at gatherings on their own behalf, appear in media advertisements supporting their candidacies, distribute promotional campaign literature supporting their candidacies, and publicly endorse and attend gatherings for other candidates in the same public election. These canons were included under former Canon 5, a general standard requiring that “[a] judge or judicial candidate shall refrain from inappropriate political activity.” On April 18, 2008, the Plaintiffs instituted this lawsuit (Shepard II). On May 6, the Court granted the Plaintiffs’ request for a prehminary injunction enjoining enforcement of the “pledges or promises clause” and the “commits clause” (former Canon 5A(3)(d)(i) and (ii)) against judicial candidates who respond to the IRL’s 2008 questionnaire. On June 5, the Plaintiffs filed an amended pleading in which they challenge the “pledges or promises clause” (Canon 5A(3)(d)(i)), the “commits clause” (Canon 5A(3)(d)(ii)), and the “recusal requirement” (Canon 3E(1)), as well as the “partisan activities clauses” (Canon 5A(1) (a) & (c)), the “solicitation clauses” (Canon 5A(l)(e) & 5C(2)), and Canons 5A(l)(b), 5C(l)(g), and 5C(2). F. The Relevant Provisions of the 2009 Code Meanwhile, the Indiana Supreme Court was in the process of revising the Indiana judicial conduct code. In September 2008, the Indiana Supreme Court announced its adoption of a substantially revised Code of Judicial Conduct that would be effective on January 1, 2009. On September 19, the Court issued its Order Amending Code of Judicial Conduct. This new Code is patterned after the 2007 Model Code of Judicial Conduct approved by the American Bar Association. (Agreed Prelim. Inj. Ex. 3.) The 2009 Code consists of four canons and rules under each canon, as well as a preamble and sections addressing scope, terminology, and application. All provisions of the Code apply to full-time judges, but with part-time judges, not all provisions apply. Under the Code, a judge is any person authorized to perform judicial functions within the courts of the Indiana judiciary. Canon 4 applies to judicial candidates. The Code defines “judicial candidate” as follows: any person, including a sitting judge, who is seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, authorizes or, where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for election or appointment to office. Indiana Rule of Professional Conduct 8.2(b) requires lawyers who are candidates for judicial office to “comply with the applicable provisions of the Code of Judicial Conduct.” The preamble to the Code highlights some of the principles and values that have guided the Indiana Supreme Court in adopting the standards contained in the Code. It states: An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. The Code of Judicial Conduct establishes standards for the ethical conduct of judges and judicial candidates. It is not intended as an exhaustive guide for the conduct of judges and judicial candidates, who are governed in their judicial and personal conduct by general ethical standards as well as by the Code. The Code is intended, however, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies. Canon 1 mandates that judges “uphold and promote the independence, integrity, and impartiality of the judiciary, and ... avoid impropriety and the appearance of impropriety.” The Code defines “impartial,” “impartiality,” and “impartially” to “mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a judge.” “Independence” refers to “a judge’s freedom from influence or controls other than those established by law,” and “integrity” is defined as “probity, fairness, honesty, uprightness, and soundness of character.” “Impropriety” refers to “conduct that violates the law, court rules, or provisions of this Code, and conduct that undermines a judge’s independence, integrity, or impartiality.” Canon 2 requires that “[a] judge shall perform the duties of judicial office impartially, competently, and diligently.” Rule 2.10 of the Code addresses judicial statements on pending and impending cases. The Code defines “impending matter” as “a matter that is imminent or expected to occur in the near future,” and “pending matter” as “a matter that has commenced.” A pending matter “continues to be pending through any appellate process until final disposition.” Rule 2.10(A) states that “[a] judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might substantially interfere with a fair trial or hearing.” Rule 2.10(B) states that “[a] judge shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.” Rule 2.11 addresses disqualification, and Rule 2.11(A)(5) mandates the following: (A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances: (5) The judge, while a judge or a judicial candidate, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy. Canon 3 requires judges to conduct their “personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.” Canon 4 prohibits judges and candidates for judicial office from “engaging in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.” Rule 4.1 addresses political and campaign activities of judges and judicial candidates in general, and Rule 4.1(A) provides in relevant parts as follows: Except as permitted by law, or by Rules 4.1(B), 4.1(C), 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not: (1) act as a leader in or hold an office in a political organization; (2) make speeches on behalf of a political organization; (3) publicly endorse or oppose a candidate for public office; (4) solicit funds for, pay an assessment to, or make a contribution to a political organization or a candidate for public office; (8) personally solicit or accept campaign contributions other than through a campaign committee authorized by Rule 4.4; [or] (13) in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office. Rule 4.1(B) requires judges and judicial candidates to ensure that other persons do not undertake any prohibited activities on behalf of the judge or judicial candidate. Rule 4.1(C) permits “a judge in an office filled by partisan election, a judicial candidate seeking that office, and a judicial officer serving for a judge in office filled by partisan election” to do the following at any time: (1) identify himself or herself as a member of a political party; (2) voluntarily contribute to and attend meetings of political organizations; and (3) attend dinners and other events sponsored by political organizations and may purchase a ticket for such an event and a ticket for a guest. Rule 4.2 addresses the political and campaign activities of judicial candidates in public elections, and Rule 4.3 addresses activities of candidates for appointive judicial office. Rule 4.4 provides for campaign committees to manage and conduct campaigns for candidates and sets forth certain restrictions. The parties in this case have adopted a fairly similar set of labels and groupings of the canons and rules that the Court will modify so as not to confuse provisions of the new Code with provisions of the earlier Code. Rules 2.10(B) and 4.1(A)(13) will be referred to collectively as the Pledges, Promises, and Commitments Prohibition, and these current rules differ materially from the “pledges or promises clause” and the “commits clause” of the pre-2009 Code (former Canon 5A(3)(d)(i) & (ii)). Rule 2.11(A)(5) will be referred to as the Prior-Commitment Recusal Requirement. Although former Canon 3E(1) appears in current Rule 2.11(A) with only a slight modification (the word “any” was substituted for the indefinite article “a” before the word “proceeding”), the 2009 Code adds in Rule 2.11(A)(5) the recusal-requiring circumstance of a judge (while a judge or a judicial candidate) making a public statement (other than in a court proceeding, judicial decision, or opinion) that “commits or appears to commit the judge to reach a particular result or rule in a particular way in the proceeding or controversy.” This addition of the Prior-Commitment Recusal Requirement to the 2009 Code is a material change to the “recusal requirement” of the pre-2009 Code. Rules 4.1(A)(1) and (2) will be referred to as the Partisan Activities Restriction. Although the 2009 Code makes some minor wording changes, Rules 4.1(A)(1) and (2) are not materially different from the “partisan activities clauses” of the pre2009 Code (former Canon 5A(l)(a) & (c)). Finally, Rules 4.11(A)(4) & (8) will be referred to as the Partisan Solicitation Restriction. Before the Code was amended, the Partisan Solicitation Restriction was found in former Canon 5. Although Rules 4.1(A)(4) and (8) of the 2009 Code make some minor wording changes, they are not materially different from the “solicitation clauses” in the pre-2009 Code (former Canons 5A(l)(e) & 5C(2)). Former Canon 5C(2) also provided for campaign committees to conduct campaigns for judicial candidates, which Rule 4.4 of the 2009 Code addresses. ANALYSIS The Plaintiffs challenge the constitutionality of the following rules in the 2009 Code: the Pledges, Promises, and Commitments Prohibition (Rules 2.10(B) and 4.1(A)(13)); the Prior-Commitment Recusal Requirement (Rule 2.11(A) & (A)(5)); the Partisan Activities Restriction (Rules 4.1(A)(1) & (2)); and the Partisan Solicitation Restriction Rules 4.11(A)(4) & (8). They also continue to challenge former Canon 5A(3)(d)(i) and (ii) of the pre-2009 Code, and the Court will begin by addressing the claims against former Canon 5A(3)(d)(i) and (ii). A. The Plaintiffs’ Claims as to the Pre-2009 Code The Plaintiffs claim that the “pledges or promises clause” and the “commits clause” of former Canon 5A(3)(d)(i) and (ii) are unconstitutional both facially and as applied to the questionnaire. Despite the fact that the Indiana Supreme Court has adopted a new Code that supersedes and replaces the old Code, the Plaintiffs argue that the issues related to these pre-2009 Code provisions are not moot. They urge that the collateral consequence of possible judicial discipline for speech engaged in under the protection of this Court’s preliminary injunction persists and that the possibility of enforcement of these clauses “is a reasonable and real concern.” (Pis.’ Mem. in Supp. 12.) For these reasons, they request that the Court enter a permanent injunction barring enforcement of the clauses, “unless the [ICJQ] is willing to agree that it will not enforce the former commits clause against Plaintiffs Certo and Bauer or against others who similarly responded under protection of the preliminary injunction.” (Pis.’ Mem. in Supp. 12.) The Defendants argue that the Plaintiffs’ claims regarding former Canon 5A(3)(d)(i) and (ii) are moot. In addition to noting that the Plaintiffs have received the remedy they sought regarding these former Code provisions, which are no longer in effect, the Defendants state that the ICJQ will only enforce the canons in light of the Supreme Court’s White decision and that the ICJQ “has never enforced” the former “pledges or promises” clause, the former “commits clause,” or the current Pledges, Promises, and Commitments Prohibition “against anyone who has answered the questionnaire despite having multiple opportunities to do so.” (Defs.’ Mem. in Opposition 4; see also Defs.’ Mem. in Supp. 12.) In making this argument, the Defendants reference Preliminary Advisory Opinion # 1-02, which states that “candidates are permitted under the first amendment to state their general views about disputed social and legal issues” and “have a constitutional right to state their views on, for example, abortion or the death penalty, to characterize themselves as ‘conservative’ or ‘tough on crime,’ or to express themselves on any number of other philosophies or perspectives.” (Defs.’ Ex. H at 2, DE 74-9.) Quoting the Seventh Circuit’s opinion in Shepard, 507 F.3d at 550, they urge that there is “no evidence of a real threat of enforcement” against those who completed IRL’s 2008 questionnaire. Additionally, the Defendants contend that this Court’s preliminary injunction and its ruling that the former canons no longer have legal effect combine to make enforcement even less likely, that the ICJQ “is no longer defending any of its former Canons,” and that their defense of the new Code is not “any sly intent to enable enforcement of the older Canons against the Plaintiffs.” (Defs.’ Reply Mem. 3-4.) The Court has an ongoing obligation to determine whether it has jurisdiction to hear the Plaintiffs’ claims, including those related to the pre-2009 Code. See State of Ill. v. City of Chi., 137 F.3d 474, 479 (7th Cir.1998) (“[A] court is not free to decide the merits when there is no justiciable controversy. Subject-matter jurisdiction is the first question in every case, and if the court concludes that it lacks jurisdiction it must proceed no further.”). The Supreme Court has instructed that “Article III of the Constitution limits the judicial power of the United States to the resolution of ‘Cases’ and ‘Controversies,’ and ‘Article III standing ... enforces the Constitution’s case-or-controversy requirement.’ ” Hein v. Freedom from Religion Foundation, Inc., 551 U.S. 587, 597, 127 S.Ct. 2553, 2562, 168 L.Ed.2d 424 (2007) (quoting DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342, 126 S.Ct. 1854, 164 L.Ed.2d 589 (2006) (internal quotation marks omitted)). In Flast v. Cohen, the Supreme Court explained some of the deeper meaning of the case-and-controversy doctrine: Embodied in the words “cases” and “controversies” are two complementary but somewhat different limitations. In part those words limit the business of federal courts to questions presented in an adversary context and in a form historically viewed as capable of resolution through the judicial process. And in part those words define the role assigned to the judiciary in a tripartite allocation of power to assure that the federal courts will not intrude into areas committed to the other branches of government. Justiciability is the term of art employed to give expression to this dual limitation placed upon federal courts by the case-and-controversy doctrine. Id., 392 U.S. 83, 94-95, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968). Under established standing doctrine, “the party invoking the court’s authority [must] demonstrate a ‘personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.’ ” Laskowski v. Spellings, 546 F.3d 822, 825 (7th Cir.2008) (quoting Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984)). When subsequent developments in a case render an issue or question to be adjudicated in a case moot, a question arises as to whether a justiciable controversy remains present in the case. Indeed, mootness is “the doctrine of standing set in a time frame: The requisite personal interest that must exist at the commencement of the litigation (standing) must continue throughout its existence (mootness).” Friends of the Earth, Inc. v. Laidlaw Evtl. Servs., Inc., 528 U.S. 167, 189, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) (internal quotations and citations omitted). As a consequence, “[w]hen the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome, the case is (or the claims are) moot and must be dismissed for lack of jurisdiction.” St. John’s United Church of Christ v. City of Chi., 502 F.3d 616, 626 (7th Cir.2006) (internal quotations and citations omitted). The Court finds that the Plaintiffs’ remaining claims related to the pre-2009 Code (the “pledges or promises clause” and the “commits clause” of former Canon 5A(3)(d)(i) and (ii)) have become moot, based upon the Indiana Supreme Court’s adoption of the 2009 Code. The new Code includes a Pledges, Promises, and Commitments Prohibition (Rules 2.10(B) and 4.1(A)(13)) that differs materially from and has narrower language than the former “pledges or promises clause” and the former “commits clause.” Thus, even though the Plaintiffs were at one point entitled to pursue claims as to the pre-2009 Code, and even though the Plaintiffs did in fact receive from the Court some of the relief they sought as to the former “pledges or promises clause” and the former “commits clause,” the dispute regarding these two provisions of the old Code no longer rages. In finding these claims moot, the Court finds persuasive the Tenth Circuit’s recent decision in Kansas Judicial Review v. Stout, 562 F.3d 1240 (10th Cir.2009), which the parties in this case have cited in their submissions. The court in Stout confronted a very