Today, we’re concluding our review of the average votes to affirm decisions in civil cases of each District and Division of the Court of Appeal between 1990 and 2017.
For Division Six of the Second District, average votes to affirm was at four or more Justices in seven years since 1990 (1993, 1996, 1998, 2000, 2003, 2007 and 2010). The rate was between three and four votes in three years (1990, 2001-2002). The rate was between zero and two for thirteen of twenty-eight years (1991, 1994-1995, 1997, 1999, 2005-2006, 2008-2009, 2011, 2014 and 2016-2017). The Court decided no cases from Division Six in four years.
As reflected in the Table, the votes to affirm rate for Division Seven of the Second District was clustered at the extremes. In ten of the past twenty-eight years, the votes to affirm rate has been four or more (1991-1992, 1998-1999, 2001, 2005, 2007, 2013 and 2016-2017). In three years, votes to affirm has been between three and four (1990, 1993, 2009). In ten years, the rate has been between zero and two (1994-1995, 1997, 2000, 2002-2004, 2010-2011 and 2015).
We begin the Table for Division Eight of the Second District with 2004, the year in which the first civil case to originate there was decided by the Supreme Court (Division Eight was created in 2000). Division Eight has fared reasonably well in the years since. In four of the fourteen years since 2004, votes to affirm was four or higher (2004-2005, 2007 and 2013). In three years, votes to affirm was between three and four (2006 and 2008-2009). In three years, votes to affirm was between zero and two (2010, 2012 and 2017). The Supreme Court has decided no civil cases from Division Eight in three of the fourteen years since 2004.
The Third District’s votes to affirm rate in civil cases has often been relatively low. In three of the past twenty-eight years, votes to affirm was four or more (1991-1992 and 1995). In five years, votes to affirm was between three and four (1996, 1998, 2007 and 2015-2016). In sixteen years, average votes to affirm was between zero and two (1990, 1993-1994, 1997, 1999-2001, 2003, 2005-2006 and 2009-2014).
The average votes to affirm Division One of the Fourth District has generally been high. In ten of the past twenty-eight years, the rate was at four or more. (1998-1999, 2001-2002, 2004-2006, 2010 and 2016-2017). In an additional nine years, votes to affirm was between three and four (1992-1996, 2003, 2008-2009 and 2015). In six years, votes to affirm was between zero and two (1990-1991, 1997 and 2011-2013). In only one year did the Supreme Court decide no civil cases from Division One.
Division Two’s average votes to affirm has generally been high as well. In thirteen years, votes to affirm was four or more (1990, 1997, 1999, 2001-2004, 2006-2007, 2012-2014 and 2017). The rate was between three and four in five years (1991, 1994, 1998, 2000 and 2008). In five years, the rate was between zero and two (1995, 2009, 2011 and 2015-2016). The Supreme Court decided no cases from Division Two in three years.
Votes to affirm Division Three of the Fourth District in civil cases have often been low. In only five years was the average at four or more (1990, 2002 and 2007-2009). In five years, votes to affirm was between three and four. (1991-1992, 1996, 1999 and 2004). But votes to affirm was between zero and two for twelve years (1993, 1995, 1997-1998, 2003, 2005, 2011-2013 and 2015-2017). The Supreme Court decided no civil cases from Division Three in three years.
The average votes to affirm rate for the Fifth District was clustered at opposite ends of the spectrum. In eight years, the rate was at four or more (1991, 1995, 1997, 1999, 2002, 2005, 2013 and 2015). In three years, the rate was between three and four (2000 and 2003-2004). In eight years, the rate was between zero and two (1992-1993, 1996, 1998, 2001, 2006, 2008 and 2012). The Supreme Court decided no civil cases from the Fifth District in five years.
The average votes to affirm for civil cases from the Sixth District has been four or more in four years since 1990 (1997-1998 and 2015-2016). The rate was between three and four in five years (1995, 2000, 2007 and 2010-2011). The rate was between zero and two in twelve years (1990-1992, 2002-2006, 2008-2009, 2012 and 2017). The Supreme Court decided no civil cases from the Sixth District in three years.
Because civil cases taken directly from the Superior Courts are comparatively rare, we’ll conclude with a quick review of those numbers without a Table. Direct civil cases had votes to affirm of four or more in five years – 4 in 1991 and 1993, six in 1998 and 2009 and seven in 2010. Votes to affirm was between three and four in two years – 3.4 in 1995 and 3.5 in 2016. Votes to affirm was between zero and two in three years – 2 in 1992, zero in 1994 and 0.75 in 1999. The Supreme Court decided no direct civil cases in sixteen of the past twenty-eight years.
Join us back here next week as we review the votes to affirm data for the Court’s criminal docket.
Image courtesy of Flickr by Will Buckner (no changes).