John David Phillips
Phillips is not alone in his criticism of government. He received support in 2006 when retiring judge William Ormiston agreed with Phillips’ comments. Chief Justice Marilyn Warren responded to the criticism by saying that "bureaucrats did not tell her what to do". Warren noted that whilst there were disagreements between her and the government from time to time, the judges run the courts, not public servants. Warren said
"The court, as part of our structure of government, is independent. As part of Victoria's constitutional arrangements, the Supreme Court is the third arm of government."
Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service is an executive agency, in contrast with the Scottish Courts and Tribunals Service which is a non-ministerial government department. However, it is unique in being such an agency and having constitutional accountability to judges as well as the Lord Chancellor. The framework document says that the agency is accountable to the Lord Chief Justice of England and Wales and the Senior President of Tribunals. This provides a unique partnership between all three in relation to the effective governance, financing and operation of Her Majesty’s Courts and Tribunals Service. For example, where the Board cannot reach agreement, its Chair will refer the issue in question to the Lord Chancellor and the Lord Chief Justice for a decision.