Appellate attorney Jon Eisenberg responds to a Daily Journal column written a few months ago by David Carrillo and Stephen Duvernay, “The secret to SCOCA’s consensus.” (See here.)
Carrillo and Duvernay said that the Supreme Court’s “current high . . . unanimity rate is explained mostly by its unique frontloaded case-deciding procedure, with X factors of leadership personality and consensus culture.”
Eisenberg writes that the increased unanimity is “more likely” due to “the departures of Justices Stanley Mosk, [Janice] Rogers Brown and Joyce L. Kennard, who dissented far more frequently than their colleagues.”
Related:
“Everyone gets along on the California Supreme Court”
Law reviews focus on the Supreme Court, with differing views about court consensus
“California Supreme Court consistently unanimous, even in contentious cases”
