Today, we’re tracking average votes to affirm the Third District of the Appellate Court in civil cases before the Supreme Court, 1990-2019.

The average was 1.13 in 1990, 2.13 in 1991, 1.2 in 1992, 4.5 in 1993 and 2.75 in 1994. In 1995, average votes to affirm was 6.2. It dropped to 3.6 in 1996, 3.0 in 1997 and 2.89 in 1998 before rising to 5.0 in 1999.

Average votes to affirm the Third District was a perfect 7.0 in 2000 before going to 5.5 in 2001, 4.33 in 2002, 2.2 in 2003, 4.4 in 2004, 4.0 in 2005, 5.25 in 2006, 3.86 in 2007, 2.67 in 2008 and 2.8 in 2009.

For the most part, average votes to affirm the Third District has been a bit low in the past ten years. The average in 2010 was 2.67 and jumped to 5.0 in 2011 before falling to 0.5 in 2012 and 3.5 in 2013. The average was 7.0 in 2014 but zero in 2015. The average was 3.0 in 2016, 3.5 in 2017, zero in 2018 and 2.5 in 2019.

Join us back here next week, when we’ll be reviewing average votes to affirm the Fourth and Fifth Districts.

Image courtesy of Flickr by Marco Verch (no changes).

This week, we’re continuing our series of posts looking more closely at how the Districts and Divisions of the Appellate Court have fared at the Supreme Court by tracking the average votes to affirm in civil cases year by year. Today, we’re looking at the Second District, and tomorrow the Third.

The Second District averaged 4.83 votes in 1990, 2.83 in 1991, 4.36 in 1992, 2.33 in 1993 and 2.6 in 1994. In 1995, the average votes to affirm was 2.0. The average increased to 4.6 in 1996, 2.83 in 1997, 3.83 in 1998 and 4.4 in 1999.

Average votes to affirm the Second District was 2.5 in 2000, 3.0 in 2001, 2.17 in 2002, 2.2 in 2003, 3.17 in 2005, 4.27 in 2006, 1.75 in 2007, 3.27 in 2008, but only 0.88 in 2009.

Average votes to affirm was 2.5 in 2010, 3.5 in 2011, 1.14 in 2012, 4.17 in 2013, 1.25 in 2014, 5.25 in 2015, 1.0 in 2016, 5.5 in 2017, 3.0 in 2018 and zero so far this year.

Join us back here tomorrow as we review the data from the Third District.

Image courtesy of Flickr by Marco Verch (no changes).

There were no civil cases from Division Six of the First District decided by the Supreme Court in 1990 or 1993. The average votes to affirm was 6.0 in 1991, 2.86 in 1992, zero in 1994, 2 in 1995, 3.2 in 1996 and 1997, 1.33 in 1998 and 4.33 in 1999.

Average votes to affirm Division Six was zero in 2000, 7 in 2001, 3 in 2002, zero in 2003 and 2004, 4.5 in 2005, 6 in 2006, 3.4 in 2007, 2 in 2008 and 3 in 2009.

Average votes to affirm was 1.6 in 2010, 2.33 in 2011, 2 in 2012, 3 in 2013, 1.5 in 2014, 0.5 in 2015, 7 in 2016 and 2017, 0.5 in 2018 and 6 so far in 2019.

Join us back here next Tuesday as we turn our attention to the Second and Third Districts.

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

This week, we’re continuing our series, drilling down on the reversal rates of the Districts and Divisions of the Appellate Court by tracking the yearly average votes to affirm each court in civil cases. Today, we review the data for Division Five of the First District, and tomorrow we’ll be looking at Division Six.

Division Five had an average of zero in 1990. The average was 4 in 1991, 3.5 in 1992, 0.8 in 1993, 4.5 in 1994 and 2 in 1995. The Court decided no civil cases from Division Five in 1996 or 1997. The average was 2.75 votes in 1998 and zero in 1999.

The Supreme Court decided no civil cases from Division Five in 2000. The average votes to affirm was 3.75 in 2001, 3.5 in 2002, 6 in 2003, 3.75 in 2004 and 3 in 2005. The average fell to zero in 2006 and 2007 before rising to 5 in 2008. The average votes to affirm in 2009 was 2.5.

Average votes to affirm was zero in 2010 and 2011. The average rose to 3.5 in 2012, then 5 in 2013, 4.33 in 2014 and 4 in 2015. It was 0.4 in 2016, 2 in 2017, 6 in 2018 and 2 so far in 2019.

Join us back here next time as we review the data for Division Six.

Image courtesy of Flickr by James Ian L.A. (no changes).

Division 4’s average votes to affirm were in majority territory in three years in the 1990s: 1992, when the average was 4.43, 1995, when it was 4.5, and 1997, when it was 5.2.  In 1990, average votes to affirm was 3.57.  It fell to 2 in 1991 and 0.4 in 1993, then rose to 3.8 in 1994.  In 1996, the average was 2.5 votes, then 2 in 1998 and 1 in 1999.

Average votes to affirm was 5.33 in 2000 and 4 in 2006.  The average was 3 in 2001, 0 in 2002 and 2003, 3.33 in 2004, 0 in 2005, 3.33 in 2007, 2.33 in 2008 and 0 in 2009.

Average votes to affirm Division 4 were 6.2 in 2010, 4 in 2011 and 2016 and 6.5 last year.  The average was 2.33 in 2012, 1 in 2013, 1.4 in 2014, 3.5 in 2015 and 1 in 2017.  The Court has decided no civil cases from Division 4 so far this year.

Join us back here next Tuesday as we review the numbers for Division 5 of the First District.

Image courtesy of Flickr by kcxd (no changes).

This week, we’re reviewing average votes to affirm in civil cases for Division Three of the First District of the Appellate Court.

Division Three was in majority territory only one year in the 1990s: 4.2 votes, 1997.  Every other year, the average has been below 4: 3 (1990 & 1991), 1.83 (1992), 3.5 (1993), 1.5 (1994), 3 (1995), 0.6 (1996), 2.67 (1998) and 3.33 (1999).

Division Three fared better from 2000 to 2009, averaging a majority to affirm in five of ten years: 4 (2001), 4.67 (2002 & 2004), 4 (2006) and 4.33 (2007).  In 2000, the average was 0.67 votes.  In 2003, it was 2.75 votes.  In 2005, the average was 3 votes.  In 2008, the average was 0.5 votes and in 2009, all the civil cases reviewed were unanimously reversed – average votes to affirm, zero.

But there’s been a downturn over the past ten years.  Average votes to affirm were 3.4 in 2011 and 3 in 2014.  The average was 2.33 votes in 2010, 2013, 2015 and 2017.  The average was one vote in 2018 and zero in 2012.  The Court decided no civil Cases from Division 3 in 2016 or so far in 2019.

Join us back here on Wednesday as we review the data for Division 4.

Image courtesy of Flickr by Oatsy40 (no changes).

Between 1990 and 1999, Division Two of the First District has been in majority territory only twice: 5 in 1993 and 4.67 in 1997.  For the rest of the decade, the “average” civil decision reviewed by the Supreme Court commanded less than a majority: 2.33 votes (1990), 2 (1991), 3.5 (1992), 2.57 (1994), 3 (1995), 2 (1996), 2.67 (1998) and 3 (1999).

Division Two averaged a majority in three years between 2000 and 2009 – 2001 (7 votes), 2004 (6.75 votes) and 2006 (4 votes).  For the remainder of the decade, the average was relatively low: 3 (2000), 0 (2002), 3 (2003), 2.33 (2005), 1.8 (2007), 2 (2008) and 0 (2009).

Division Two was in majority territory in only one year of the past ten: 5 votes to affirm on average in 2016.  The average was 0 in 2010, 3 in 2011, 1.17 in 2012, 1 in 2013, 0 in 2014, 3.5 in 2015, 0 in 2017 and 0 in 2019.

Join us back here on Tuesday as we review the data for Division 3 of the First District.

Image courtesy of Flickr by Matthew Dillon (no changes).

A few weeks ago, we reviewed the three-year floating average reversal rates for each of the Districts and Divisions of the Appellate Court.  But of course, mere reversal rates don’t tell the whole story.  There’s a big difference between a court getting affirmed (or reversed) 4-3 and a 7-0 decision.  So this time, we’re looking at the average votes to affirm the Appellate Court – if the lower court decision is affirmed, we’re using the votes for the majority position; if the decision is reversed, we use the votes in dissent.  We begin with Division One of the First District.

We report the data for the years 1990-1999 in Table 1381 below.  In 1990 and from 1997 to 1999, the court was faring pretty well – 5.33 votes to affirm in 1990, 7 in 1997, 4.43 in 1998 and 5.5 in 1999.  The average fell to 3.5 in 1992, 1994 and 1997.  In 1991, the court averaged only 0.33 votes to affirm and in 1995, the court’s decisions were unanimously reversed – average votes to affirm, zero.

The court had fewer upswings during the years 2000 to 2009.  The average votes to affirm was in majority territory from 2005 to 2008: 4.33 in 2005, 4 in 2006 and 6 in 2007 and 2008, but it was only 3.6 in 2002 and 3.8 in 2003.  In 2009, votes to affirm was 2.33.  In 2004, it fell to 1.75, and in 2000, it was only 1.33.

In 2010, average votes to affirm was 4.5.  It rose to 7 in 2015 and was 5.33 in 2018, but otherwise, it’s been in minority territory throughout the past ten years – 1 (2011), 0 (2012) 2 (2013), 0 (2014), 3.5 (2016), 2 (2017) and 1.6 (2019).

Join us here next time as we review the data for Division 2 of the First District.

Image courtesy of Flickr by Ken Lund (no changes).

In 1990, 13.04% of the Court’s criminal cases had one dissenter. Two dissenter cases were 5.8% and only 1.45% had three. In 1991, one dissenter cases were again the most common divided criminal decision. In 1992, 10.87% were two dissenter cases; only 5.43% had one and 1.07% had three. In 1993, 9.3% had one dissenter, 2.33% had two and 4.65% had three. In 1994, 12.31% had one dissenter, 15.38% had two dissenters and 10.77% had three. In 1995, 13.92% had one dissenter, 17.72% had two and 8.86% had three. In 1996, 14.81% had two dissenters, 9.26% had three and 7.41% had one. In 1997, 17.46% had three dissenters, 12.7% had one and 9.52% had two. In 1998, 12.5% of the criminal decisions had one dissenter, 8.33% had two and 9.72% had three. In 1999, fully 35.85% had one dissenter, 9.43% had two and 9.43% had three.

Between 2000 and 2007, the rate of one dissenter cases was over ten percent every year but one: 39.53% (2000), 18.97% (2001), 12.86% (2002), 10.77% (2003), 14.52% (2004), 8.47% (2005), 10% (2006) and 10.71% (2007). Two dissenter cases were in double figures in five of those eight years: 12.79% (2000), 17.24% (2001), 20% (2002), 9.23% (2003), 8.06% (2004), 6.78% (2005), 12% (2006) and 10.71% (2007). Three dissenter cases were in double figures only three times: 19.77% (2000), 3.44% (2001), 12.86% (2002), 26.15% (2003), 1.61% (2004), 3.39% (2005), 6% (2006) and 7.14% (2007). In 2008, only 4% of the Court’s criminal cases had one dissenter and 2% had two. Ten percent of the Court’s cases had three dissenters. In 2009, 9.62% had two dissenters, 7.69% had three and only 5.77% had one.

In the past decade, one dissenter criminal cases have been comparatively less common than two and three dissenter cases (combined). In 2010, 12.73% had two dissenters, 3.64% had three and 9.09% had one. In 2011, 12.5% had three dissenters, 10.42% had two and no criminal case had one dissenter. In 2012, 9.09% had two dissenters, 9.09% had three and 12.12% had one. In 2013, one and two dissenter cases were equal at 13.16%; there were no three dissenter decisions. In 2014, 8.82% had two dissenters, 5.88% had three and 5.88% had one. In 2015, all three types of non-unanimous decisions were equal: 6.06% one dissenter, 6.06% two dissenters and 6.06% three dissenters. In 2016, two dissenter cases were 8.57% and both one and three dissenter cases were 5.71%. In 2017, one dissenter cases were more common: 14.71% (one dissenter), 8.57% (two) and 5.71% (three). In 2018, 15.38% of the criminal cases had two dissenters, 7.69% had three and 3.85% had one. So far in 2019, two and three dissenter cases have been an equal share of the criminal decisions: 18.75%. There have been no one-dissenter criminal cases.

Join us back here next week as we address a new issue.

Image courtesy of Flickr by UW News (no changes).

In 1990, 79.71% of the Court’s criminal cases were unanimous. That rose to 75.86% in 1991, 82.61% in 1992 and 83.72% in 1993. But then the unanimity rate fell: 61.54% (1994), 59.49% (1995), 68.52% (1996), 60.32% (1997), 69.44% (1998) and only 45.28% in 1999.

In 2000, only 27.91% of the Court’s criminal decisions were unanimous. For the following three years, it bounced back to 60.34% in 2001, 54.29% in 2002 and 53.85% in 2003. In 2004, 75.81% of the Court’s criminal decisions were unanimous. The following year, that rate increased to 81.36%. It remained high for the rest of the decade: 72% (2006), 71.43% (2007), 84% (2008) and 76.92% in 2009.

The unanimity rate remained between three quarters and four fifths throughout the past decade: 74.55% (2010), 77.08% (2011), 69.7% (2012), 73.68% (2013), 79.41% (2014), 81.82% (2015), 80% (2016), 73.53% (2017), 73.08% (2018) and 62.5% so far this year.

Join us back here tomorrow as we review the data for one, two and three dissenter criminal cases.

Image courtesy of Flickr by Curtis Abert (no changes).