Yesterday, we began our analysis of the Chief Justice’s question patterns in civil cases from 2008 through 2016. Today, we address the Chief Justice’s patterns in criminal cases.
When voting with the majority in an affirmance, the Chief Justice begins the questioning of appellants in 13.68% of cases. There’s a 12.63% chance he’ll ask the first question of appellees. Writing the majority opinion has a substantial impact on his patterns for the losing party. When writing the majority, the Chief Justice asks the first question of appellants a third of the time, but of appellees in only 16.67% of cases. When not writing an opinion in an affirmance, the Chief Justice asks the first question of appellants in 9.33% of cases, and of appellees in 10.67%.
When voting with the majority in a reversal, there’s an 11.52% chance that the Chief Justice will ask the first question of appellants, and a 5.45% chance he’ll begin with appellees. Writing the majority impact has a major impact; in such cases, there’s a 22.22% chance that the Chief Justice will ask the first question of appellants, and a 14.81% chance that he’ll begin with appellees. When the Chief Justice is not writing an opinion and votes with the majority in a reversal, he asks the first question of appellants in 9.56% of cases, and of appellees in 2.94%.
Chief Justice Karmeier very seldom asks the first question when he’s in the minority of a civil case. When in the minority of an affirmance, he’s asked the first question of appellants in only 11.11% of cases. He’s never led off against the appellees. Writing a dissent has no impact at all. In the six cases that he’s dissented in writing from an affirmance, he’s never led off the questioning against either side. When in the minority of a reversal, the Chief Justice asks the first question of appellants in 28.57% of cases. He has never asked the first question of appellees. In the two cases when the Chief Justice has written a dissent from a reversal, the Chief Justice has never asked the first question of either side.
Join us back here next Tuesday as we look at Chief Justice Karmeier’s question patterns in criminal cases
Image courtesy of Flickr by David Ohmer (no changes).