Robert Butler, W. Thomas Gaither v. The Alabama Judicial Inquiry Commission, Randall L. Cole, in His Official Capacity

EDMONDSON, Circuit Judge:

This case returns to our court after we certified some questions to the Alabama Supreme Court. See Butler v. Alabama Judicial Inquiry Comm., 245 F.3d 1257 (11th Cir.2001) (Butler I). Based on the Alabama Supreme Court’s response to the certified questions, we conclude that some of the claims are moot and that the district court should have abstained from deciding the remaining claims.

I. Background

Justice Harold F. See, Jr., a member of the Supreme Court of Alabama, challenged in federal court the constitutionality of two canons of the Alabama Canons of Judicial Ethics…