Birch is the only person in Tennessee history to serve in every level of the state's judiciary. In 1969, Governor
Buford Ellington appointed him as a General Sessions Court judge in Davidson County, making him the first African American to serve in that office. In 1970 he was elected to the judgeship, the first time an African American won election as a judge in the county. In 1978 he was appointed Criminal Court Judge for the Twentieth District (Davidson County) by Governor
Ray Blanton. Birch served in this position until 1987; in 1981-82 he was the presiding judge over the Trial Courts of Davidson County, making him responsible for case assignment and other procedural issues. Again, he was the first black ever to serve in this capacity. Also in 1981, Birch became an instructor at the
Nashville School of Law, a position he still maintained as of 2006. From 1983 to 1986, Birch served on the Court of the Judiciary, a specialized court which investigates allegations of judicial malfeasance and determines sanctions when allegations are found to be valid. On March 2, 1987, Birch was appointed to the
Tennessee Court of Appeals by
Governor of Tennessee Ned McWherter. In August 1988, Birch was confirmed by the voters of Tennessee to this office under the provisions of the
Tennessee Plan. In August 1990, Birch was elevated by the voters under the provisions of the
Tennessee Plan to the Tennessee Supreme Court, becoming only the second African American ever to serve on that body to that time. In October 1994 Birch was selected chief justice by his fellow Justices, serving in that capacity until May 1996. In August 1998, Birch was confirmed for another eight year Supreme Court term, and served again as chief justice from July 1997 to August 1998 and September 1999 to August 2001. In 2006 Birch announced his retirement, and retired when his term ended on September 1 of that year. ==Recognitions, death and legacy==