Tenure Bird's tenure on the Supreme Court was controversial. She drew opposition due to her strongly liberal views, lack of judicial experience, and temperament. Bird was also controversial among the Associate Justices on her court. In a 1998 oral history interview, fellow liberal
Stanley Mosk said that Bird was a bright and articulate lawyer, but a terrible administrator (one of the Chief Justice's major responsibilities). Mosk claims Bird required the Associate Justices to make appointments to talk to her for any reason.
Noted opinions Bird's
opposition to the death penalty was reflexive. She reviewed a total of 65 capital cases appealed to the court. In every instance, she issued a decision overturning the death penalty that had been imposed at trial, including that of serial killer
Rodney Alcala. She was joined by at least three of the seven members of the court in 61 of those cases. In 1982, Bird argued in dissent that the proposed
California Proposition 8, known as the Victims' Bill of Rights, should not be allowed on the ballot. In 1984, Bird and a majority of the court granted the
American Federation of Labor's 1984 original petition to block a
balanced budget amendment proposition from appearing on the ballot.
1978 retention Bird was first subject to a
retention election in 1978. A campaign was waged against her, to which she did not respond. On election day, it was charged that the court decided to withhold the publication of a controversial ruling until after the 1978 vote. The ensuing controversy generated considerable press coverage but, by then, Bird had been retained by a 52% to 48% margin.
1986 removal In 1985, Bird said in interviews that opposition to her rulings was based on sexism, bigotry, and right-wing ideology led by U.S. Attorney General
Edwin Meese. She said, "These are bully boys. Meese is trying it on the Supreme Court." Many Democrats later conceded that the remarks backfired on her and other members of the court appointed by Governor Brown. The anti-Bird campaign ran television commercials featuring the surviving families of murder victims, whose murderers' sentences Bird and her fellow Justices
Cruz Reynoso,
Joseph Grodin, and
Allen Broussard had voted to reverse. In addition to Bird, Reynoso and Grodin were also voted off the seven-justice California state supreme court bench. Bird was removed in the November 4, 1986 election by a margin of 67% to 33%. Justice
Stanley Mosk, who often joined Bird, Reynoso, and Grodin, was not challenged. Twelve years later, Mosk explained why he was able to stay and Bird was not: As a result of the 1986 election, Governor
George Deukmejian elevated
Malcolm M. Lucas to Chief Justice and appointed three new associate justices. The Lucas Court moved toward a more business-friendly and pro-law enforcement judicial philosophy. After being removed from the court, Bird became something of a recluse. She cared for her aging mother in the Bay Area. In 1995, she volunteered to assist the East Palo Alto poverty law clinic and gave them her name after being inquired. They didn't recognize or remember her and assigned her to the copying machine. ==Death==