[6][7][8][9] David Bernhard, born in El Salvador, later sought asylum based on family endangerment from leftist guerrillas, and handled his own immigration case while a college student, becoming a United States citizen.

[11] In 2005, Bernhard with Gardner[13] and others, co-founded and until May 2017 co-moderated VADefenses Listserv, an internet-based forum for the advancement of ethics and competence in the practice of criminal law.

[20][21] His appeals, which involved collaboration with Gardner, include Virginia's first civil Gideon case, a cooperative effort with Clarence Dunnaville,[22] culminating in amending legislation expanding the right to counsel;[23] the Benitez decision policing abusive litigation practices;[24] and the Kim opinion, providing a bright line test as to when private property is subject to the traffic laws of Virginia applicable to "statutory highways.

[32][33] He has declined to impose discretionary cash or surety bond release conditions on those accused of crimes,[31] arguing that such monetary requirements often amount to "wealth-based detention"[34][35][36] and do little to ensure public safety in the case of the dangerous, while serving in many instances to unnecessarily incarcerate those whose release poses little adverse risk that cannot be addressed through other pretrial terms.

[39] On August 14, 2020, Bernhard joined fourteen judicial colleagues in adopting a landmark plan to promote racial equality, diversity in qualified candidates for appointment as sub-judges, and other measures to enhance public confidence in the fairness of the Fairfax Circuit Court.

[49] Bernhard's notable judicial opinions issued as a trial judge reflect a succinct and accessible writing style that states upfront the what, the how and the why for his decisions, which include among others the following:[47][48]