Yesterday, we began our analysis of Justice Theis’ question patterns in civil cases.  Today, we continue our work on Justice Theis’ civil arguments since taking office in 2010.

When voting in the majority of an affirmance, there’s a 32.88% chance that Justice Theis will ask the first question of appellants, but only a 15.07% chance that she’ll lead off against the appellees.  Writing the majority opinion has a substantial effect – when voting in the majority of an affirmance, there’s a 72.73% chance that Justice Theis will ask the first question of appellants, and a 36.36% chance that she’ll ask the first question of appellees.  When not writing an opinion and voting in the majority of an affirmance, there’s a 25.81% chance that Justice Theis will ask the first question of appellants, and a 11.29% chance she’ll ask the first question of appellees.

When voting in the majority of a reversal, there’s a 24.76% chance that Justice Theis will ask the first question of appellants, but only a 6.67% chance she’ll lead off with the appellees.  Writing the majority opinion, once again, has a substantial effect – there’s a 52.38% chance Justice Theis will ask the first question of appellants and a 9.52% chance she’ll ask the first question of appellees when voting with the majority in a reversal.  When writing a concurrence, there’s a 50% chance that Justice Theis will ask the first question of appellants.  She hasn’t asked the first question of appellees in any case where she wrote the concurrence.  In reversals where Justice Theis voted with the majority, there was a 17.07% chance that she’ll ask the first question of appellants, and a 6.1% chance that she’ll ask the first question of appellees.

When voting in the minority of an affirmance, there’s a 40% chance that Justice Theis would ask the first question of appellees.  She didn’t ask the first question of appellants in any case.  When not writing an opinion, there was a 0% chance that Justice Theis would ask the first question of appellants, and a 66.67% chance that she would lead off against appellees.

When voting in the minority of a reversal, there’s a 25% chance that Justice Theis would lead off against appellants; she’s never asked the first question of appellees.  When writing a dissent, there’s a 50% chance that Justice Theis will lead off against appellants, but no chance that she’ll ask the first question of appellees.   Justice Theis didn’t ask the first question in either of the cases where she voted in the minority of a reversal.

Join us back here next week as we review Justice Theis’ record in oral arguments of criminal cases.

Image courtesy of Flickr by Adam Moss (no changes).