Today, we’re looking at the Justices’ agreement rates in divided criminal cases for the years 2008 through 2013.  As we did on the civil side, since during this period the Court was drawing closer to having its current membership, we present the data Justice by Justice in order to facilitate comparisons.

Justice Corrigan’s closest match during these years was with pro tem Justices at 92.86%.  But of course, that’s a significantly lower number of votes than with her full time colleagues.  Justice Corrigan had an agreement rate in the eighties with four Justices: Chief Justice George (88.24%), Justice Baxter (87.5%), Chief Justice Cantil-Sakauye (84.85%) and Justice Chin (84.72%).  Justices Corrigan and Liu had an agreement rate of 70.83%.  Justices Corrigan and Werdegar were at 65.28%.  Justices Corrigan and Moreno were at 50%.  Justices Corrigan and Kennard were at 40.85%.

Justice Kennard’s closest match on the Court during these years was Justice Moreno, with an agreement rate of 56.41%.  Justice Kennard and Chief Justice Cantil-Sakauye were at 54.55%.  Five Justices were in the forties – Justices Werdegar (49.3%), the pro tem Justices (46.15%), Justice Chin (45.07%), Chief Justice George (42.42%) and Justice Corrigan (40.85%).  Justice Kennard and Justice Baxter’s agreement rate was 39.44%, and Justice Kennard and Justice Liu were at 33.33%.

Justice Werdegar’s closest match was Chief Justice George at 73.53%.  Five of Justice Werdegar’s colleagues were in the sixties – Chief Justice Cantil-Sakauye and Justice Chin at 66.67%, Justice Corrigan at 65.28%, Justice Baxter at 61.11% and Justice Moreno at 60%.  Justice Liu was right behind at 58.33%.  Justices Werdegar and Kennard had an agreement rate of 49.3%, and Justices Werdegar and the pro tems were at 42.86%.

Chief Justice George was closely aligned in criminal cases with Justice Chin (91.18%) and Justice Corrigan (88.24%).  Two Justices were in the seventies – Justice Baxter (76.47%) and Justice Werdegar (73.53%).  Justice Moreno was at 55.88%, Justice Kennard was at 42.42%, and the Chief didn’t vote with the pro tems in any divided criminal case.

Chief Justice Cantil-Sakauye had an agreement rate of 100% in divided criminal cases with Justice Moreno.  The Chief Justice had a rate of 90.91% with Justice Chin, 87.88% with Justice Baxter, 87.5% with the pro tem Justices, and 84.85% with Justice Corrigan.  The Chief Justice and Justice Werdegar agreed in 66.67% of divided decisions, and Justices Liu (58.33%) and Kennard (54.55%) were in the fifties.

Justice Chin had several very high agreement rates – 91.18% (George) and 90.91% (Cantil-Sakauye) with the two Chief Justices during the period, 88.89% with Justice Baxter, 85.71% with the pro tems, and 84.72% with Justice Corrigan.  Justices Chin and Werdegar were at 66.67%, Justice Liu was at 54.17%, Justice Moreno was at (47.5%) and Justice Kennard was 45.07%.

Justice Baxter also had very high agreement rates with several colleagues, including Justice Chin (88.89%), Chief Justice Cantil-Sakauye (87.88%), Justice Corrigan (87.5%) and the pro tem Justices (85.71%).  The remainder of the Court was evenly spread out – Chief Justice George (76.47%), Justice Werdegar (61.11%), Justice Liu (50%), Justice Moreno (45%) and Justice Kennard (39.44%).

As we noted above, Justice Moreno and Chief Justice Cantil-Sakauye had an agreement rate of 100% during these years.  The remainder of Justice Moreno’s Table is lower: Justice Werdegar (60%), Justice Kennard (56.41%), Chief Justice George (55.88%), Justice Corrigan (50%), Justice Chin (47.5%), Justice Baxter (45%) and the pro tems (33.33%).

Justice Liu’s highest agreement rate was with Justice Corrigan – 70.83%.  Four of the remaining Justices were in the fifties – Chief Justice Cantil-Sakauye (58.33%), Justice Werdegar (58.22%), Justice Chin (54.17%) and Justice Baxter(50%).  Justices Liu and Kennard had a rate of 33.33%.

Next, we chart each Justice’s agreement rate with the pro tem Justices.  Justice Corrigan led at 92.86%.  Three Justices were in the eighties (all of them Republican appointees): Chief Justice Cantil-Sakauye (87.5%) and Justices Chin and Baxter (both 85.71%).  Justice Kennard was at 46.15%, Justice Werdegar was at 42.86%, and Justice Moreno’s rate was at 33.33%.  Finally, Chief Justice George had an agreement rate with the pro tems of zero.

So what does all this mean?  One answer is what we’ve seen above – an indication, during a six-year snapshot, of the Justice whose voting record was most and least similar to the subject of each Table in criminal cases.  We conclude with an additional possibility – which Justice was most and least in line with the rest of the Court (and how much in sync was the Court as a whole on criminal cases)?  One suggestive indication is to calculate each Justice’s average agreement rate – the arithmetical average of all that Justice’s agreement rates with his or her colleagues.  If the average agreement rate is high, it indicates that the Justice was often in the majority of divided criminal decisions; if low, then frequently in the minority.

The highest average agreement rate during these years was Chief Justice Cantil-Sakauye, at 78.84%.  Justices Corrigan (73.9%) and Chin (72.76%) were next.  Justice Baxter’s average was 69.11%, Chief Justice George’s was 61.1%, and Justice Werdegar’s was 60.42%.  Three more Justices were in the fifties – the pro tems (59.26%) and Justices Moreno (56.02%) and Liu (54.15%).  Justice Kennard was lowest at 45.28%.

Join us back here tomorrow as we conclude this topic with a look at the years 2014 through 2018.

Image courtesy of Flickr by Teemu008 (no changes).

Last time, we reviewed the Justices’ agreement rates in divided criminal cases – how many times did each possible combination of Justices vote the same way in criminal cases with at least one dissenter.  This time, we’re looking at the years 2002 through 2007.

Justice Baxter’s agreement rate with Justice Moreno was 65.74%.  He agreed with the pro tems 63.64% of the time.  Justice Brown’s two highest agreement rates were with Justice Chin (72.86%) and Justice Baxter (72.46%).  Chief Justice George and Justice Brown were at 66.67%.  Justice Brown agreed with Justices Werdegar and Moreno 58.57% of the time.  Her agreement rate with the pro tems was 50%, and with Justice Kennard – 37.14%.  Justice Chin had an agreement rate of 88.89% with Justice Baxter, 70% with Justice Moreno and 69.23% with the pro tem Justices.

Justice Corrigan had an agreement rate with the pro tem Justices of 100%.  Justice Corrigan was in the nineties with Justices Chin (92.31%) and Baxter (92%).  Chief Justice George (88.46%) and Justice Baxter (81.31%) were next.  Justices Corrigan and Werdegar had an agreement rate of 73.08%.  Justices Kennard and Moreno were next at 65.38%.  Chief Justice George had an agreement rate of 83.33% with the pro tems, 82.57% with Justice Chin and 77.06% with Justice Moreno.  Justices Kennard and Baxter have an agreement rate of 45.79%.

Justice Kennard had an agreement rate in the fifties with Justices Werdegar (58.18%), Moreno (55.45%) and Chief Justice George (54.13%).  She agreed with Justice Chin in 48.18% of divided criminal cases, and with the pro tems in 46.15%.  Justice Moreno’s agreement rate with the pro tems was 76.92%.  Justice Werdegar’s agreement rate with Chief Justice George was 74.31%.  Next were pro tem Justices at 69.23%, Justice Moreno at 69.09%, Justice Chin at 68.18% and Justice Baxter at 64.81%.

Join us back here Thursday as we complete this subject with a look at the years 2008-2013 and 2014-2018.

Image courtesy of Flickr by Trophygeek (no changes).

Today, we’re continuing our review of the Justices’ agreement rates in divided criminal cases, this time looking at the data for the years 1996 through 2001.

Justice Arabian had a 50% agreement rate with Justice Baxter, but 0% with Justice Mosk.  Justice Baxter agreed with pro tem Justices half the time, but with Justice Mosk in only 32.67%.  Justice Brown’s voting during this period was at least relatively comparable to Justice Baxter (76.04%), Justice George (73.68%) and Justice Chin (72.63%), but her agreement rates with Justice Kennard (50%), Mosk (39.36%) and the pro tems (0%) were much lower.  Justices Brown and Werdegar had an agreement rate of 63.54%.  Justice Chin had an agreement rate of 86.21% with Justice Baxter, and 35% with Justice Mosk.

Justice George’s agreement rate with Justice Arabian before his departure was 100%.  Justice Chin was right behind at 91.75%, and Justices George and Baxter had similar voting records as well (80.39%).  Justice George agreed with the pro tems only half the time, and with Justice Mosk only 43%.  Justice Kennard’s agreement rates were 61.17% with Justice Werdegar, 59.8% with Justice George, 53.47% with Justice Mosk, 52.42% with Justice Baxter, 52.04% with Justice Chin, 50% with the pro tems and 25% with Justice Kennard.  Chief Justice Lucas had an agreement rate with Justice Arabian of 50%.

Chief Justice Lucas had agreement rates prior to his retirement of 100% with three of his colleagues: Justices Baxter, Chin and Werdegar.  His agreement rate with his successor Justice George was 66.67%, with Justice Kennard, 50% and with Justice Mosk, 33.33%.  Justice Mosk had an agreement rate of 50% with the pro tems.  Finally, Justice Werdegar had an agreement rate of 76.47% with Justice George, 72.45% with Justice Chin, 64.08% with Justice Baxter, 57.43% with Justice Mosk, and 50% with Justice Arabian and the pro tem Justices.

Join us back here later today as we address the criminal agreement rates for the years 2002-2007.

Image courtesy of Flickr by Jeff P. (no changes).

For the past two weeks, we’ve been reviewing the Justices’ agreement rates in civil cases since 1990, six years at a time.  Today, we’ve reached the final post in that five-post series, as we take a look at the Court’s past five years.  One caution – Justice Kennard is the highest agreement rate with most of the other Justices because she voted in relatively few divided civil cases before her 2014 retirement.

Among the Justices who served most or all of this period, Justice Corrigan’s highest agreement rate was with Justice Baxter – 85.71%.  She voted with the Chief Justice in 79.41% of non-unanimous civil cases.  She voted with Justice Kruger in 67.86%, with Justice Chin 67.65%, and with Justice Werdegar in 65.63% of divided civil cases.  Justice Corrigan voted with Justices Cuellar and Liu in 57.14% of cases.  Lastly, Justice Corrigan agreed with pro tem Justices in only one third of divided civil decisions.

As shown below, in her final cases in 2014, Justice Kennard agreed 100% with the Chief Justice and Justices Corrigan, Werdegar, Baxter and Liu.  Justices Kennard and Chin had an agreed rate of two thirds.

Justice Kruger’s highest agreement rate was with Justice Liu: 71.43%.  Justice Kruger’s rate was in the sixties with three of her colleagues: Justice Corrigan (67.86%), the Chief Justice (62.96%) and Justice Werdegar (60%).  Interestingly Justice Kruger has voted with Justice Cuellar, another appointee of former Governor Brown, in only 53.57% of divided civil cases.  She has voted with Justice Chin in 44.44% of such cases, and with the pro tem Justices only 40% of the time.

Prior to her retirement, Justice Werdegar voted with Justice Cuellar in 80% of divided civil cases.  She voted with the Chief Justice 77.42% of the time.  She voted with Justice Liu in 68.75% of cases and with Justice Kruger in 60%.  Justice Werdegar agreed with Justice Baxter in 57.14%, with Justice Chin in 54.84%, and with the pro tem Justices 50% of the time.

Chief Justice Cantil-Sakauye had an agreement rate of 85.71% with Justice Baxter.  Three Republican appointees and one Democratic one were next – Justice Corrigan (79.41%), Justice Cuellar (77.78%), Justice Werdegar (77.42%), and Justice Chin (70%).  The Chief Justice agreed with Justice Liu two-thirds of the time, and with Justice Kruger in 62.96% of divided civil cases.  Her agreement rate with the pro tem Justices in divided civil cases was zero.

Justice Chin’s highest agreement rates were two colleagues in the seventies – Justice Baxter at 71.43% and Chief Justice Cantil-Sakauye at 70.59%.  Two more Justices were in the sixties – Justice Corrigan at 67.65% and Justice Kennard, 66.67%.  Two more were in the fifties and in the forties – Justices Cuellar (59.26%), Werdegar (54.84%), Liu (47.06%) and Kruger (44.44%).  Justice Chin agreed with pro tem Justices in only 28.57% of divided civil cases.

Justice Baxter’s highest agreement rates before his retirement were with Chief Justice Cantil-Sakauye and Justice Corrigan – both 85.71%.  His rate with Justice Chin was 71.43%.  Justice Baxter had identical agreement rates of 57.14% with Justices Werdegar and Liu.  He agreed with none of the pro tem Justices in divided civil cases prior to his retirement.

Justice Cuellar’s data for civil cases is interesting – disregarding for the moment the pro tem Justices, four of the five highest agreement rates with Justice Cuellar were with Republican appointees – Justice Werdegar 80%, the Chief Justice 77.78%, Justice Chin 59.26%, and Justice Corrigan 57.14%.  The exceptions were the pro tems at 80% and Justice Liu at 67.86%.  Justice Cuellar’s lowest agreement rate during these years was Justice Kruger – 53.57%.

In contrast, two of Justice Liu’s three highest agreement rates were with his fellow Democratic appointees – Justices Kruger (71.43%) and Cuellar (67.86%).  Justice Werdegar fell between the two Democratic appointees at 68.75%.  Justice Liu agreed with the Chief Justice in two thirds of divided civil decisions between 2014 and 2018.  His agreement rate with Justices Baxter and Corrigan was identical – 57.14%.  His agreement rate with Justice Chin was 47.06%.  Finally, Justice Liu agreed with the pro tem Justices in 77.78% of divided civil cases.

With the exception of Justices Cuellar (80%) and Liu (77.78), the pro tems had quite low agreement rates across the board.  The pro tems and Justice Werdegar had an agreement rate of 50%.  Their agreement rate with Justice Kruger was 40%, and with Justice Corrigan, 33.33%.  The pro tems and Justice Chin agreed in only 28.57% of divided civil cases, while their agreement rate with two permanent Justices was zero – Chief Justice Cantil-Sakauye and Justice Baxter.

Join us back here tomorrow and we’ll begin our journey anew – this time looking at the criminal docket for the years 1990 and 1995.

Image courtesy of Flickr by Dennis Jarvis (no changes).

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).

Yesterday, we reviewed the data on the Justices’ agreement rates with each other in divided civil cases between 2002 and 2007.  Today, we’re looking at the next six year period, from 2008 to 2013.  One change from the last three posts – since five current-day Justices (if you include the recently retired Justice Werdegar) were seated by the end of this period, we present the data this time by gathering every agreement rate for a particular Justice into a single Table.  To make the numbers easier to follow, this will involve a bit of repetition – for example, the agreement rate for Justices Corrigan and Chin is included in both Justices’ tables.

For this period, Justice Corrigan’s highest agreement rates were with Justice Chin (88.89%) and Justice Baxter (80%).  Two things to note about our next two entries, Chief Justice Cantil-Sakauye (77.78%) and Justice Liu (73.33%) – each of these new Justices agreed with Justice Corrigan more often than their predecessors, Chief Justice George (66.67%) and Justice Moreno (42.86%).  Justice Corrigan’s agreement rate with Justice Werdegar was 57.78%.  Her agreement rate with the pro tem Justices was 45.45%.  Finally, she agreed with Justice Kennard in 37.78% of divided civil cases.

Justice Kennard’s highest agreement rates were with three Justices in the sixties – Chief Justice George, (65.22%), the pro tems (64.29%) and Justice Werdegar (62.22%).  In contrast to Justice Corrigan, the two new Justices moved the Court further away from Justice Kennard – her rate with Chief Justice Cantil-Sakauye was 52.63%, and with Justice Liu, 37.5% (his predecessor Justice Moreno was at 48.15%).  Justices Kennard and Baxter agreed in 50% of divided civil cases.  Justices Kennard and Chin agreed 40.91% of the time, and as mentioned above, Justices Kennard and Corrigan agreed in 37.78% of cases.

Justice Werdegar’s agreement rates were comparatively close for the two newly-nominated Justices.  Justice Werdegar and Chief Justice Cantil-Sakauye had a rate of 84.21% to the agreement rate of Justice Werdegar and Chief Justice George – 78.26%.  Justices Werdegar and Moreno had an agreement rate of 70.37%.  She had an agreement rate with Justice Liu of 81.25%.  Justice Werdegar’s agreement rate with the pro tem Justices was 76.92%.  Her rate with Justice Kennard was 62.22%.  Her rate was in the fifties with two Justices – Justice Corrigan (57.78%) and Baxter (52.27%).  Justice Werdegar and Justice Chin had an agreement rate of 45.83%.

Chief Justice George’s agreement rate with the pro tem Justices was 100%.  The Chief’s agreement rate with Justice Werdegar was 78.26%, with Justice Chin was 75%, and with Justice Baxter – 70.83%.  Chief Justice George’s agreement rate with Justices Corrigan and Kennard were 66.67% and 65.22%, respectively.  Chief Justice George had an agreement rate of 54.17% with Justice Moreno.

Chief Justice Cantil-Sakauye and Justice Werdegar had an agreement rate of 84.21%.  Her agreement rate was in the seventies with four Justices – Justice Corrigan (77.78%), Justice Baxter (76.47%), Justice Liu (75%) and Justice Chin (70.59%).  Chief Justice Cantil-Sakauye had an agreement rate with the pro tem Justices of 62.5%.  Finally, the Chief Justice had an agreement rate with Justice Kennard of 52.63%.

Justice Chin’s agreement rate with Justices Corrigan (88.89%) and Baxter (88.64%) were nearly identical.  Justice Chin’s rates with the two Chief Justices was nearly identical too – Chief Justice George (75%) and Chief Justice Cantil-Sakauye (70.59%).  Justice Chin’s agreement rates with Justices Moreno and Liu were quite close too – 50% (Justice Liu) and 42.86% (Justice Moreno).  Justice Chin had an agreement rate of 50%.  Justices Chin and Werdegar had an agreement rate of 45.83%, and Justices Chin and Kennard had a rate of 40.91%.

Justices Baxter and Chin had an agreement rate of 88.64%.  Justices Baxter and Corrigan had a rate of 80%.  Justice Baxter and Chief Justices Cantil-Sakauye and George were both in the seventies – 76.47% and 70.83%, respectively.  Four combinations were in the fifties – Justices Baxter and Liu, 57.14%, Justices Baxter and Werdegar, 52.27%, and Justice Baxter and Justices Kennard and the pro tems (both 50%).  Justice Baxter and Justice Moreno had an agreement rate of 39.29%.

Justices Moreno and Werdegar had an agreement rate of 70.37%.  His agreement rate with the pro tems was 66.67%.  His rate with Chief Justice George was 54.17%.  Justice Moreno had an agreement rate in the forties with three Justices – Justice Kennard (48.15%) and Justices Corrigan and Chin (both 42.86%).  Justices Moreno and Baxter had an agreement rate of 39.29%.

Justices Liu and Werdegar had an agreement rate of 81.25%.  Justice Liu and the pro tems were just behind at 80%.  Justice Liu and Chief Justice Cantil-Sakauye had an agreement rate of 75%, and Justices Liu and Corrigan were at 73.33%.  Justice Liu was in the fifties with Justice Baxter (57.14%) and Justice Chin (50%).  Justices Liu and Kennard had an agreement rate of 37.5%.

The pro tem Justices and Chief Justice George had an agreement rate of 100%.  The pro tems and Justice Liu, as noted just above, were at 80%, and the pro tems and Justice Werdegar were at 76.92%.  The pro tems were in the sixties with three Justices – Justice Moreno (66.67%), Justice Kennard (64.29%) and Chief Justice Cantil-Sakauye (62.5%).  The pro tem Justices were at 50% with Justice Chin and Justice Baxter.  The pro tems and Justice Corrigan had an agreement rate of 45.45%.

Join us back here next week as we review the data for the years 2014 through 2018.

Image courtesy of Flickr by Mike Baird (no changes).

Last week, we reviewed the Justices’ agreement rates in civil cases between 1990 and 1995 and 1996 to 2001.  This week, we’re taking two further steps – today, agreement rates for the years 2002 to 2007, and tomorrow, Justice-by-Justice agreement rates for the years 2008 through 2013.

Justice Baxter had an agreement rate with the pro tem Justices of 61.54 during these years, and a rate of 56.44% with Justice Moreno.  Justice Brown had an agreement rate in the seventies with two Justices – Justice Chin (77.97%) and Justice Baxter (76.67%).  Justice Brown had an agreement rate of 55.74% with Chief Justice George, 50.81% with Justice Werdegar and 50% with the pro tem Justices.  She had an agreement rate of 48.39% with Justice Moreno and 46.77% with Justice Kennard.  Justice Chin had an agreement rate of 87% with Justice Baxter, a rate of 62% with Justice Moreno, and a rate of 58.33% with the pro tem Justices.

Justice Corrigan had an agreement rate with Justice Chin of 81.82%.  His agreement rate was 75.76% with Justice Baxter and 75% with the pro tem Justices.  Justice Corrigan and Chief Justice George had an agreement rate of 62.5%.  Justice Corrigan was in the fifties with two Justices – Justice Moreno (54.55%) and Justice Werdegar (53.33%).  Justice Corrigan’s agreement rate with Justice Kennard was 36.36%.  Chief Justice George had an agreement rate with Justice Moreno of 81%.  His agreement rate with the pro tem Justices of 77.78%.  His agreement rate with Justices Chin and Baxter were 75.26% and 69.07%, respectively.  Justices Kennard and Baxter had an agreement rate of 43.56%.

Justice Kennard had an agreement rate in the sixties with four Justices – Justice Moreno (68.93%), Justice Werdegar (67.68%), the pro tems (66.67%) and Chief Justice George (65%).  Justices Kennard and Chin had an agreement rate of 48%.  Justice Moreno agreed with the pro tem Justices in 80% of divided civil cases.  Justice Werdegar had an agreement rate with Justice Moreno and the pro tems of 70%, of 68.04% with Chief Justice George, of 53.61% with Justice Chin and of 51.02% with Justice Werdegar.

Join us back here tomorrow as we review the data for the years 2008 through 2013.

Image courtesy of Flickr by Jan Arendtsz  (no changes).

Yesterday, we reviewed the Justices’ agreement rates in civil cases between 1990 and 1995 – the first in a five-part series bringing the civil data all the way up to 2018.  Today, we’re looking at the years 1996 through 2001.

Justice George, who succeeded Chief Justice Lucas as Chief on May 1, 1996 had an agreement rate with Justice Arabian of 83.33%.  Justice Baxter had an agreement rate of 72.73% with the pro tem Justices, and a rate of 38.89% with Justice Mosk.  Justice Brown’s agreement rates ranged across the board from the seventies (Justices Baxter – 77.78% and Chin – 71.65%) to the sixties (Chief Justice George – 61.36% and the pro tems – 60%), to the fifties (Justice Werdegar – 53.44%), to the forties (Justice Kennard – 44.36%) to the thirties (Justice Mosk – 34.71%).

Justice Chin’s agreement rate with Justice Baxter during these years was 76.34%.  He agreed with the pro tems in 63.64% on non-unanimous civil cases, and with Justice Mosk in 50.42%.  The new Chief Justice had an agreement rate of 76.15% with Justice Chin and was in the sixties with four more members of the Court: Justice Baxter (68.89%), Justice Mosk (64.42%), the pro tem Justices (62.5%) and Justice Kennard (61.27%).  Justice Kennard’s agreement rate with Justices Baxter and Chin was almost identical – 50.37% and 50.38%, respectively.

Chief Justice Lucas and Justice Chin had a 100% agreement rate in the retiring Chief Justice’s partial year of 1996.  Chief Justice Lucas and Justice Baxter had a rate of 75%.  The retiring Chief had an agreement rate in the sixties with his successor Chief Justice George (62.5%) and Justice Arabian (66.67%).  Justice Kennard was also in the sixties with Justice Werdegar (69.29%) and the pro tem Justices (66.67%).  Chief Justice Lucas agreed with Justice Werdegar 50% of the time, and Justices Kennard and Mosk had an agreement rate of 56.06%.  Chief Justice Lucas and Justice Kennard agreed in 42.86% of non-unanimous cases, and Chief Justice Lucas and Justice Mosk agreed in 37.5%.

Justice Werdegar’s agreement rates with the pro tem Justices during these years was 85.71%.  Chief Justice George and Justice Werdegar agreed 77.54% of the time.  Six combinations of Justices were in the sixties – Justice Mosk and the pro tems (66.67%), Justices Werdegar and Baxter (60.9%), Justices Werdegar and Chin (61.24%), Justices Werdegar and Mosk (61.72%), Justices Arabian and Baxter (66.67%) and Justices Werdegar and Arabian (66.67%).  Justice Arabian had an agreement rate of only 33.33% with two of his colleagues – Justice Kennard and Justice Mosk.

Join us back here next week as we address the next two six-year blocks on the civil docket: 2002-2007 and 2008-2013.

Image courtesy of Flickr by Don Graham (no changes).

 

For the past few weeks, we’ve been reviewing the data on how often each of the Justices voted with the majority in non-unanimous civil and criminal cases.  For the next three weeks, we’ll be reviewing a related statistic – how often did each Justice agree with each of his or her individual colleagues on the Court?  Today, we’ll begin a three-week trip through the Court’s recent history on the civil side, then we’ll look at the criminal side.

But first, a few ground rules.  In order to smooth out random variations from year to year, we’ll group the twenty-nine-year period by looking at six years at a time – thus better seeing real relationships and trends.  Second, just as with the last series of posts, “agreement” means complete agreement – a Justice who votes to affirm and another who votes to affirm in part and reverse in part are not counted as agreeing in this data.  Third, because the Court’s unanimity rate is typically so high, we’re addressing non-unanimous decisions only (otherwise, most of these combinations would be clustered relatively high on the bar charts).  Fourth, in the data below, we address every possible combination of Justices who voted in even a single case during these years.

Between 1990 and 1995, Justices Arabian and Baxter had an agreement rate of 83.21%.  Justices Arabian and Eagleson had an agreement rate of 78.57%.  Justices Arabian and Baxter each had an agreement rate with the various pro tem Justices of 66.67%.  Justice Broussard had an agreement rate with Justices Kaufman and Mosk in the fifties – 50% and 56.41%.  Four combinations of Justices had agreement rates in the forties – Justices Arabian and Mosk (42.86%), Justices Baxter and Mosk (45.8%), Justices Broussard and Arabian (45.16%) and Justices Broussard and Eagleson (45.45%).  Justice Broussard had an agreement rate with the pro tems of 36.36%, and Justices Broussard and Baxter (21.43%) and Justice Eagleson and Mosk (27.27%) had agreement rates in the twenties.

Justices Kaufman and Eagleson had an agreement rate during these years of 100%.  Justices George and Baxter’s rate was 82.46%.  Three combinations of Justices had rates in the seventies – Justices Eagleson and the pro tems (71.43%), Justices George and Arabian (77.78%) and Justice George and the pro tems (78.57%).  Justices Kennard and Eagleson had an agreement rate of 63.64%.  Six combinations of Justices had agreement rates in the fifties – Justices Kaufman and Mosk (50%), Justices Kennard and Arabian (51.02%), Justices Kennard and Baxter (51.91%), Justices Kennard and Broussard (56.41%), Justices Kennard and Kaufman (50%) and Justices Kennard and Mosk (54.14%).  Justices George and Mosk had an agreement rate of 48.7%, and Justices Kennard and George had a rate of 48.28%.

Chief Justice Lucas had very high agreement rates with several of his colleagues – Justice Kaufman 100%, Justice Baxter 83.85%, Justice Eagleson 86.36%, Justice George 84.96%, Justice Panelli 86.67%, Justice Arabian 79.59% and Justice Werdegar 80.95%.  On the lower end of the scale were his agreement rates with Justice Kennard – 55.48%, Justice Mosk – 45.81% and Justice Broussard, 38.46%.  The Chief Justice voted with pro tem Justices in 70.37% of divided cases.  Justice Kennard’s agreement rate with Justice Panelli was 56.19%.  She agreed with pro tems 62.07% of the time, and with Justice Werdegar 62.79%.

Justices Panelli had a very high agreement rate with several Justices – Justice Kaufman 100%, Justice Baxter, 92.5% and Justices Eagleson and George, 81.82% and 81.25%, respectively.  Justices Werdegar and Baxter were also in the eighties – 82.93%.  Justices Panelli and Arabian were at 78.72%, and Justice Werdegar had a civil agreement rate in the seventies with Justice Arabian (71.43%) and Justice George (78.05%).  Three different Justices – Panelli, Mosk and Werdegar – had agreement rates in the sixties with the various pro tems (62.5%, 65.52% and 66.67%, respectively).  Justices Werdegar and Mosk had an agreement rate of 54.76%.  Justice Panelli was in the thirties with Justices Broussard (35.9%) and Mosk (39.05%).

Join us back here tomorrow as we explore the Court’s civil agreement rates between 1996 and 2001.

Image courtesy of Flickr by Ron W. (no changes).

Last time, we began our review of the year-by-year data on the percentage of divided criminal cases for which the Justices voted with the majority, covering the years 1990 through 2004.  Today, we’re looking at the years 2005 through 2018.

Justice Baxter was reliably in the majority of divided criminal cases throughout this period – in the seventies three times (2005, 2009 and 2010), in the eighties three times (2006, 2008 and 2013), in the nineties once (2012) and at 100% three times (2007, 2011 and 2014).  In her final year on the Court, Justice Brown voted with the majority in divided cases 70% of the time.  Chief Justice Cantil-Sakauye has been consistently high like Justice Baxter – in the seventies three times (2015-2017), in the eighties twice (2012 and 2018) and at 100% three times (2011, 2013 and 2014).  With the exception of a two year period from 2015 to 2016, when his rate was 50% (2015) and 25% (2016), Justice Chin’s rate was always quite high – in the seventies twice (2008 and 2017), in the eighties four times (2005-2006, 2012 and 2018), in the nineties twice (2009 and 2010) and at 100% four times (2007, 2011, 2013 and 2014).  Justice Corrigan’s record was similar.  He had only one outlier year, a 50% rate in 2016. Justice Corrigan’s rate was in the seventies once (2013), in the eighties four times (2006, 2008, 2010 and 2017), in the nineties three times (2012, 2015 and 2018) and at 100% four times (2007, 2009, 2011 and 2014)>  Since joining the Court, Justice Cuellar’s rate was at 100% twice, in 2015 and 2016, at 57.14% in 2017 and at 63.64% in 2018.

Chief Justice George’s in-the-majority rate was very high throughout his tenure, and these years were no different – 100% in 2005, 2007, 2009 and 2010, 95.45% in 2006 and 87.5% in 2008.  Justice Kennard’s rate was, in general, fairly low – in the thirties once (2008), in the forties twice (2009 and 2012), in the fifties four times (2007, 2010-2011 and 2013) and in the sixties once (2005).  The only outliers were 2006, when her rate was 81.82%, and in 2014 – 100%.  In her four full years on the Court, Justice Kruger has voted with the majority in divided criminal cases 100% of the time in 2015 and 2016, 85.71% in 2017 and 72.73% in 2018.  Justice Liu’s rate was typically fairly low – in the fifties once (2017), in the sixties twice (2013-2014), in the thirties once (2017) and at 18.19% last year.  His rate was 70% in 2015 and 100% in 2016.

Justice Moreno’s rate fell between the conservative Republican appointees and the more liberal appointees – 77.78% in 2005, 72.73% in 2006, 55.56% in 2007, 87.5% in 2008, 66.67% in 2009, 35.71% in 2010 and 50% in 2011.  Justice Werdegar’s rate was 50% in 2011, in the sixties four times (2005, 2006, 2013 and 2017), in the seventies four times (2007, 2008, 2010 and 2016), in the eighties twice (2009 and 2015), in the nineties once (2012) and at 100% once (2014).  Finally, we review the composite numbers for the pro tem Justices who sat on the Court for one case apiece during these years – 75% in 2005, 83.33% in 2006, 0% in 2010, 92.31% in 2011, 50% in 2014, 100% in 2015 and 2017 and 50% in 2018.

Join us back here later in the week as we begin our review of a new topic.

Image courtesy of Flickr by Pedro Szekely (no changes).