For the past two weeks, we’ve reviewed and compared the reversal rates for every District and Division of the Court of Appeal in civil and criminal cases at the Supreme Court.  But all affirmances and all reversals aren’t created equal, which is a problem with inferring too much from a reversal rate alone.  Whether the Court of Appeal’s decision is affirmed or reversed, a 7-0 decision from the Supreme Court arguably implies a different message than a 4-3 decision does.  Beginning this week, we’re reviewing the data for a related question: how many votes to affirm the Court of Appeal’s decision did each District and Division average at the Supreme Court – in other words, the number of Justices in the majority where the Court of Appeal is affirmed and the number in the minority when it’s reversed.  Today, we begin with civil cases.

We report the data for Division One of the First District in Table 688 below (the gaps in the Table are years in which the Supreme Court decided no civil cases from Division One).  Division One’s votes to affirm rate bounced around quite a lot.  In eleven of the twenty-eight years since 1990, the court’s rate was four or more votes (1990, 1994, 1998, 2000, 2002-2005, 2009 and 2013-2014).  In two years, the rate was between three and four (1992 and 1995).  In nine years, the rate was between zero and two (1992, 1993, 1996, 1999, 2007-2008 and 2015-2017).  The Supreme Court decided no civil cases from Division One in five of the past twenty-eight years.

The votes to affirm for Division Two of the First District has been four or more for eight years since 1990 (1994-1995, 2002, 2009, 2012-2013 and 2016-2017).  The rate has been between three and four in six years (1992, 1996, 1998-1999 and 2003-2004).  The rate has been between zero and two in five years (1990-1991, 2001 and 2006-2007).  The Supreme Court decided no civil cases from Division Two in six years.

Division Three’s votes to affirm rate has been distributed similarly to that of Division One.  In eleven years, votes to affirm was four or more (1992, 1994-1998, 2001-2002, 2006, 2011 and 2013).  In four years, votes to affirm was between three and four (1991 and 2007-2009).  In nine years, votes to affirm was between zero and two (1990, 1993, 1999, 2004-2005, 2010 and 2015-2017).

Average votes to affirm Division Four of the First District have frequently been relatively low.  In only four years was average votes to affirm four or more (1991, 1998, 2008 and 2012).  In three years, votes to affirm was between three and four (2009-2011).  In thirteen of the past twenty-eight years, the rate was between zero and two (1992-1995, 1997, 2000, 2002, 2004, 2006, 2013-2015 and 2017).  The Supreme Court decided no civil cases from Division Four in six years.

Division Five’s history was similar to Division Four.  In five years, Division Five’s average votes to affirm was four or more (1999, 2001, 2005-2006 and 2014).  In one year – 2007 – votes to affirm was between three and four.  In thirteen years, votes to affirm was between zero and two (1990, 1992-1993, 1995-1996, 2002-2003, 2008, 2010-2012, 2015, 2017).  The Supreme Court decided no cases from Division Five in six years since 1990.

Division One of the Second District had a votes to affirm rate of four or more in five years (1995, 1997, 2004, 2008 and 2013).  The court had a votes to affirm between three and four in three years (2000-2001 and 2006).  The court’s votes to affirm rate was between zero and two in fourteen years (1990-1991, 1993-1994, 2002-2003, 2005, 2007, 2010, 2012, 2014-2015 and 2017).  The Supreme Court decided no cases from Division One in two years.

The votes to affirm rate for Division Two was equally distributed.  The rate was four or more in eight years (1993, 1995, 1996, 2002, 2004, 2010 and 2016-2017).  The rate was between three and four in six years (1997-1998, 2001, 2007-2008 and 2014).  The rate was between zero and two in seven years (1991-1992, 1994, 1999, 2005-2006 and 2013).  The Supreme Court decided no cases from Division Two in seven years.

Votes to affirm for Division Three of the Second District were four or higher in nine years (1990-1991, 1995-1996, 2001, 2004-2005, 2014 and 2017).  The rate was between three and four in six years (1997, 2000, 2003, 2012-2013 and 2015).  The rate was between zero and two in nine years (1993-1994, 1998 and 2006-2011).

Division Four of the Second District had a votes to affirm rate of four or more in five years (1992, 1994, 1999, 2007 and 2016).  Votes to affirm were between three and four in ten years (1990, 1995-1997, 2002, 2005-2006, 2010, 2012 and 2014).  Votes to affirm were between zero and two in ten years (1991, 1998, 2000-2001, 2003, 2008, 2011, 2013, 2015 and 2017).  The Supreme Court decided no cases from Division Four in two years.

Division Five of the Second District had a votes to affirm rate of four or more in seven years (1993, 1995, 1997, 2003-2004, 2009 and 2017).  The court had a votes to affirm rate between three and four in six years (1994, 2000-2001, 2006, 2010 and 2016).  Votes to affirm were between zero and two in twelve years (1991-1992, 1996, 1998, 2002, 2005, 2007 and 2011-2015).

Join us back here tomorrow as we review the data for the rest of the state.

Image courtesy of Flickr by Ken Lund (no changes).