Following up on our five posts reviewing the Justices’ agreement rates in civil cases from 1990 to 2018, six years at a time, we now begin our trip through the criminal docket.  Today: 1990 to 1995.

In Table 804, we report the first fourteen combinations.  Three combinations had an agreement rate in the nineties – Justices George and Arabian (95.24%), Arabian and Baxter (92.74%) and Arabian and the pro tems (90%).  Justice Eagleson’s agreement rate with the pro tem Justices was 85.71%, and Justice Baxter’s was 77.78%.  Justices Broussard and Mosk had an agreement rate of 75.56%.  Two combinations were in the fifties – Justices Broussard and Baxter (52.63%) and Broussard and Kaufman (50%).  Justices Broussard and Arabian had an agreement rate of 41.67%.  Two combinations were in the twenties – Justices Arabian and Mosk (29.08%) and Baxter and Mosk (27.42%).  Justice Eagleson was in the teens with two of his colleagues – Justices Mosk (16%) and Broussard (12%).  Finally, Justice Broussard in no divided cases with pro tem Justices.

Justices George and Baxter had an agreement rate of 95.24%.  Justice Kennard had agreement rates in the eighties with two seats on the Court – the pro tem Justices at 82.35% and Justice Eagleson at 80%.  Justice George and the pro tems had an agreement rate of 77.78%.  Four combinations were in the sixties – Justices Kaufman and Arabian (66.67%), Justices Kennard and Panelli (65.77%), Justices Kennard and Baxter (62.1%) and Justices Kennard and George (61.9%).  Justices Kaufman and Eagleson had an agreement rate of 50%.  Justice Kennard’s agreement rate was in the forties were two colleagues – Justices Mosk (48.67%) and Broussard (44.44%).  Justices Mosk and George had an agreement rate of only 27.62%.  Justices Kaufman and Mosk disagreed on every divided civil case they voted on before Justice Kaufman’s departure.

Justices Kennard and Werdegar had an agreement rate of 66.67%.  Chief Justice Lucas’ highest agreement rate in this period was with his eventual successor as Chief, Justice George (93.33%).  The Chief Justice’s agreement rates were also in the nineties with Justices Arabian (92.2%), Baxter (90.32%), and Eagleson (92%).  The Chief Justice was in the eighties with three additional colleagues – pro tem Justices (88.24%), Justice Panelli (87.39%) and Justice Werdegar (83.33%).  Chief Justice Lucas had an agreement rate of 66% with Justice Kennard, 50% with Justice Kaufman, 24% with Justice Mosk and 22.22% with Justice Broussard.  Justice Mosk’s agreement rate with the pro tem Justices was only 23.53%, and Justices Panelli’s highest agreement rate in criminal cases was with Justice Arabian – 93.14%.

Justice Panelli had two additional agreement rates in the nineties – Justices Baxter (92.94%) and George (91.2%).  Justices Panelli and Eagleson were at 88%.  Justice Panelli agreed with pro tems 75% of the time.  Justices Panelli and Kaufman’s rate was 50%.  Justice Panelli had an agreement rate under half with only two of his colleagues – Justices Broussard (40%) and Mosk (27.93%).  Finally, Justice Werdegar had an agreement rate with both Justice George and Justice Arabian of 86.67%.  Her agreement rate with Justice Baxter was 80%, and with Justice Mosk, 40%.

Join us back here next Thursday as we review more of the criminal docket – 1996-2001 and 2002-2007.

Image courtesy of Flickr by Gregory Smith (no changes).