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.