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.”


“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”