Some points;
1. The issue in a recall is NOT commision of a crime, although a criminal act could also be a recallable act.
Fraudulently obtaining a public position (Davis lied in order to be re-elected), is probably not a crime (although it very well could be under applicable statutes), but it is a recallable act.
2. The stats on reversal percentages are being twisted a bit.
In order to get a real picture of reversal, you would need to know what percentage of a judge (circuit)'s opinions are appealed.
If judge, or circuit "A" decides 100 cases a year and in 2002 only four cases are appealed and 3 are reversed, thats a 75% reversal.
If judge, or circuit "B" decides 100 cases a year and in 2002 every one of them is appealed and only 60 are reversed, it would appear that with a 60% reversal it is a better court than "A", but obviously it is not.
When the Libs are defending the 9th circuit saying their record is close to average, they are not giving us the whole story by any means.
While I do not have the 9th circuits overall stats, they are closer to "Bs" situation than "A"s. They are famous for "goofy" reversalble decisions. They make the DNC look conservative.
Vaughn