On Wednesday, May 3, 2023, the Supreme Court of California suspended attorney Brian R. Bird for his misconduct involving a violation of the vehicle code.  The case is entitled “In the Matter of Brian R. Bird,” with case no. S278772.

On November 22, 2019, the Office of Chief Trial Counsel transmitted a certified copy of the record of convictions of the respondent to the Clerk of the State Bar Court. It stated that the respondent committed the following misconduct: Violation of Vehicle Code, driving under the influence of alcohol, one count; Violation of Vehicle Code, driving with a blood alcohol content of 0.08% or more, one count; and Violation of Vehicle Code, hit-run, one count, all misdemeanors that may or may not involve moral turpitude or other misconduct warranting discipline.

The transmittal of records states:

“We bring to the Court’s attention that, should the Court enter an order of interim suspension herein, the Court may wish to require the above-named attorney to comply with the provisions of rule 9.20, California Rules of Court, paragraph (a), within 30 days of the effective date of any such order; and to file the affidavit with the Clerk of the State Bar Court provided for in paragraph (c) of rule 9.20 within 40 days of the effective date of said order, showing the attorney’s compliance with the provisions of rule 9.20.”

In the respondent’s response to a notice of hearing on conviction, filed on June 26, 2020, attorney Bird avers that the criminal offenses contained in the court’s order rise to the level of moral turpitude because they are not demonstrative of fundamental dishonesty as in the case of fraud. The respondent stated that his heavy intoxication at the time prevented him from realizing he had even hit another vehicle let alone from possessing the ability to formulate the requisite intent for the offense to rise to the level of moral turpitude.

The response states:

“Respondent wishes to conclude by stating he acknowledges the seriousness of the offenses he was convicted of as set forth in the Court’s order of May 8, 2020. However, he respectfully submits that due to his heavy intoxication at the time of the actual events leading to his arrest, said offenses are not indicative of a baseness, vileness, depravity, or fundamental dishonesty that would rise to the level of moral turpitude. Respondent was, and is, suffering from alcohol abuse disorder as well as significant mental health issues including severe depression, anxiety, and post-traumatic stress disorder.”

The response continues:

“Further, there were significant mitigating factors contributing to Respondent’s as yet undiagnosed condition at the time of the actual events leading to his arrest. Since that time Respondent has taken several proactive steps to address and treat his substance abuse and mental health issues including spending approximately 90 days at the Betty Ford Hospital. In addition, the Respondent also attends daily AA meetings and meets regularly with a psychiatrist to manage his mental health issues. 28. Therefore, based on the totality of circumstances of the facts presented, Respondent respectfully requests the Court find that the convictions at issue do not rise to the level of moral turpitude.”

In lieu of this, the Supreme Court of California decided to suspend the respondent from the practice of law.

The Disposition states:

“The court orders that Brian R. Bird (Respondent), State Bar Number 257565, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and Respondent is placed on probation for one year.”

Mr. Bird practices in Ventura, California. He is licensed in California. His info can be found on avvo.com.

A copy of the original filing can be found here.