John David Phillips
Phillips' retirement speech generated debate in Victoria on judicial independence. In the Australian experience, government is separated into three branches, the executive, legislative and judicial branches. Each branch is independent of the others, and is recognised in the Australian Constitution at the federal level. Phillips on his retirement was critical of the intrusion of the executive into the work of the courts, being the judicial branch. For example, the Supreme Court was referred to as "Business Unit 19" by the Victorian Government. Phillips did not suggest that the Victorian Government would attempt to influence directly a decision of the court. However, there appeared to be "What is evolving ...a perception of the court as some sort of unit of functionary within the Department of Justice”.
Judiciary of New York (state)
The New York State County Court operates in each county except for the five counties of New York City (in those counties, the Civil Court, Criminal Court and Supreme Court operate in place of a typical County Court). In many counties, this court primarily hears criminal cases (whereas the Supreme Court primarily hears civil cases), and usually only felonies as lesser crimes are handled by local courts.
There are numerous administrative courts which are not considered part of the judicial branch of government.Decisions of the New York Court of Appeals are binding authority on all other courts, and persuasive authority for itself in later cases. Decisions of the New York Supreme Court, Appellate Division department panels are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. Decisions by the Supreme Court, Appellate Term must be followed by courts whose appeals lie to it. Published trial court decisions are persuasive authority for all other courts in the state.