In 1860, Birney was nominated by the state Republican convention as the candidate for Lieutenant Governor with Austin Blair as candidate for Governor. Birney was elected to office by a majority of over 20,000 votes. While serving as Lieutenant Governor, a vacancy occurred in Michigan's 10th circuit court, and the governor offered the position to Birney. He resigned as Lieutenant Governor April 3, 1861 to accept the judicial appointment and served in that position for four years. Birney lost in the next judicial election and was succeeded by Jabez G. Sutherland.