Separation of powers is a doctrinal element of both the federal and New York state constitutions. Derived from principles espoused by Montesquieu, the 18th century French philosopher, the United States from its very inception has strongly embraced this doctrine. Essentially, governmental authority is divided into legislative, executive, and judicial powers, with each assigned responsibilities and functions so that no one branch is omnipotent. Separation of powers was designed to bind governmental authority by creating tension among the branches, with each limiting the others. Nevertheless, to accomplish important goals and necessary reforms, the three branches of government frequently must collaborate and support one another to be successful.

Responsible for administration of the court system, the New York State Judiciary’s mission is to promote fair and efficient justice. Chief Judge Janet DiFiore has made this the singular focus of her Excellence Initiative. In striving for excellence, it is apparent that, yes, we are an independent government entity, but to achieve our goals we must receive support and assistance from the two other branches of government. Indeed, the Judiciary must foster and encourage cooperation among the three branches if we are to administer justice effectively.

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