Penny J. White
Encyclopedia
Penny J. White is an American
attorney
and former judge
who is on the faculty of the University of Tennessee
College of Law
. She was a Tennessee circuit court
judge, a member of the Tennessee Court of Criminal Appeals
, and a justice of the Tennessee Supreme Court
before being removed from office in a judicial retention election. She is the only Tennessee
judge ever to lose a judicial retention election under the Tennessee Plan
.
in 1956. She attended East Tennessee State University
(ETSU), graduating with a B.S. degree in 1978. At ETSU she was the first female president of the Student Government Association. After graduation, she went on to study law at the University of Tennessee College of Law, where she was awarded the J.D.
degree in 1981, and Georgetown University Law Center
, where she was awarded a master's of law
degree in 1987.
, from 1981 to 1983 and from 1985 to 1990. From 1983 to 1985 she served as supervising attorney and clinical instructor in the Georgetown University Law Center Criminal Justice Clinic.
In 1990, she won election to a judgeship in Tennessee's First Judicial Circuit. In 1992 she left the circuit judgeship when Tennessee Governor Ned McWherter
appointed her to the state's Court of Criminal Appeals. She served on that court until 1994, when McWherter selected her to fill a vacancy on the Tennessee Supreme Court. She became the second woman ever to serve on the state's highest court.
for the rape
and murder
of an elderly woman, but overturned a death sentence
in the case on the grounds that the combination of rape with murder did not meet the requirements for the death penalty because the rape did not cause the murder to be "especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death." It was the only death penalty decision that White ever participated in as a member of the state supreme court. In a law review
article published several years later, White wrote that Tennessee law at the time of the case allowed capital punishment and that she would have voted to affirm a death sentence "that was imposed in accordance with the law."
As a recent appointee, White was the only member of the court who was subject to a retention vote in that year's election, and she was targeted for defeat by victims' rights
advocates, the Tennessee Conservative Union, and death penalty proponents who opposed the decision. White was restrained from campaigning on her own behalf by the judicial code of ethics, but her opponents "flooded the state" with materials urging her defeat. One mailing urged voters to "Vote for capital punishment by voting NO on August 1 for Supreme Court Justice Penny White." She was publicly opposed by Governor Don Sundquist
and U.S. Senators Bill Frist
and Fred Thompson, all Republicans
. As a result of the campaign against her, the "no" vote prevailed in the August 1, 1996, retention election, causing her to be removed from the court. Only 19 percent of the state's voters voted in White's retention election. Sundquist subsequently appointed Janice Holder to fill the seat she vacated.
The defeat of White's judicial retention election was decried by people concerned that election of judges politicizes the judiciary
, as well as by opponents of the death penalty. In a speech before the American Bar Association
two days after White's defeat, U.S. Supreme Court Justice John Paul Stevens
stated that he considered the popular election of judges to be "profoundly unwise." He stated: "A campaign promise to be 'tough on crime' or 'enforce the death penalty' is evidence of bias that should disqualify the candidate from sitting in criminal cases." The political nature of White's removal from the court has been likened to the earlier election defeat of California
Chief Justice
Rose Bird
.
When Adolpho A. Birch, who was chief justice of the court at the time of the State v. Odom decision, came up for a judicial retention vote in 1998, death penalty supporters campaigned for his removal. However, he was the beneficiary of a public awareness campaign on the importance of judicial retention elections that was mounted by the state's bar association, Farm Bureau, and League of Women Voters
in Tennessee, and he.retained his seat with 54 percent of the vote.
visiting professorships at Washington and Lee University
(1997-1998), West Virginia University
(1998-1999), and the University of Denver
(1999-2000). In 2000 she joined the faculty of the University of Tennessee College of Law, where she is Elvin E. Overton Distinguished Professor of Law and directs the Center for Advocacy.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and former judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who is on the faculty of the University of Tennessee
University of Tennessee
The University of Tennessee is a public land-grant university headquartered at Knoxville, Tennessee, United States...
College of Law
University of Tennessee College of Law
The University of Tennessee College of Law is the law school of the University of Tennessee located in Knoxville, Tennessee. Founded in 1890, the school is fully accredited by the American Bar Association and is a charter member of the Association of American Law Schools.-The Law Center and the...
. She was a Tennessee circuit court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
judge, a member of the Tennessee Court of Criminal Appeals
Tennessee Court of Criminal Appeals
The Court of Criminal Appeals is one of Tennessee's two intermediate appellate courts. It hears trial court appeals in felony and misdemeanor cases, as well as post-conviction petitions. Appeals in civil cases are heard by the Tennessee Court of Appeals....
, and a justice of the Tennessee Supreme Court
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
before being removed from office in a judicial retention election. She is the only Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
judge ever to lose a judicial retention election under the Tennessee Plan
Tennessee Plan
The Tennessee Plan is a system of judicial appointment used in Tennessee. The system attempts to limit the influence of partisan politics over the state's judiciary...
.
Early life and education
White was born in Kingsport, TennesseeKingsport, Tennessee
Kingsport is a city located mainly in Sullivan County with some western portions in Hawkins County in the US state of Tennessee. The majority of the city lies in Sullivan County...
in 1956. She attended East Tennessee State University
East Tennessee State University
East Tennessee State University is an accredited American university located in Johnson City, Tennessee. It is part of the Tennessee Board of Regents system of colleges and universities, the nation's sixth largest system of public education, and is the fourth largest university in the state...
(ETSU), graduating with a B.S. degree in 1978. At ETSU she was the first female president of the Student Government Association. After graduation, she went on to study law at the University of Tennessee College of Law, where she was awarded the J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
degree in 1981, and Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, where she was awarded a master's of law
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
degree in 1987.
Legal and judicial career
White engaged in the private practice of law in Johnson City, TennesseeJohnson City, Tennessee
Johnson City is a city in Carter, Sullivan, and Washington counties in the U.S. state of Tennessee, with most of the city being in Washington County...
, from 1981 to 1983 and from 1985 to 1990. From 1983 to 1985 she served as supervising attorney and clinical instructor in the Georgetown University Law Center Criminal Justice Clinic.
In 1990, she won election to a judgeship in Tennessee's First Judicial Circuit. In 1992 she left the circuit judgeship when Tennessee Governor Ned McWherter
Ned McWherter
Ned Ray McWherter was an American politician who served as the 46th Governor of Tennessee from 1987 to 1995. He was a Democrat.McWherter was born in Palmersville, Weakley County, Tennessee...
appointed her to the state's Court of Criminal Appeals. She served on that court until 1994, when McWherter selected her to fill a vacancy on the Tennessee Supreme Court. She became the second woman ever to serve on the state's highest court.
Vote on judicial retention
White became a subject of controversy in 1996 when she voted with the court majority in the 3-2 decision in the case of State v. Odom. That June 3, 1996, decision upheld a convictionConviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
for the rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of an elderly woman, but overturned a death sentence
Death Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...
in the case on the grounds that the combination of rape with murder did not meet the requirements for the death penalty because the rape did not cause the murder to be "especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death." It was the only death penalty decision that White ever participated in as a member of the state supreme court. In a law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
article published several years later, White wrote that Tennessee law at the time of the case allowed capital punishment and that she would have voted to affirm a death sentence "that was imposed in accordance with the law."
As a recent appointee, White was the only member of the court who was subject to a retention vote in that year's election, and she was targeted for defeat by victims' rights
Victims' Rights
-History:Victim movements in the U.S. grew in the 1970s. In 1982, President Ronald Reagan's Task Force on Victims of Crime released its Final Report. The report drew attention to the re-victimization of crime victims within the criminal justice system...
advocates, the Tennessee Conservative Union, and death penalty proponents who opposed the decision. White was restrained from campaigning on her own behalf by the judicial code of ethics, but her opponents "flooded the state" with materials urging her defeat. One mailing urged voters to "Vote for capital punishment by voting NO on August 1 for Supreme Court Justice Penny White." She was publicly opposed by Governor Don Sundquist
Don Sundquist
Donald Kenneth Sundquist is a former governor and congressman from Tennessee. A Republican, he served as the 47th Governor of Tennessee from 1995 to 2003...
and U.S. Senators Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
and Fred Thompson, all Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
. As a result of the campaign against her, the "no" vote prevailed in the August 1, 1996, retention election, causing her to be removed from the court. Only 19 percent of the state's voters voted in White's retention election. Sundquist subsequently appointed Janice Holder to fill the seat she vacated.
The defeat of White's judicial retention election was decried by people concerned that election of judges politicizes the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, as well as by opponents of the death penalty. In a speech before the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
two days after White's defeat, U.S. Supreme Court Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
stated that he considered the popular election of judges to be "profoundly unwise." He stated: "A campaign promise to be 'tough on crime' or 'enforce the death penalty' is evidence of bias that should disqualify the candidate from sitting in criminal cases." The political nature of White's removal from the court has been likened to the earlier election defeat of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
Chief Justice
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
Rose Bird
Rose Bird
Rose Elizabeth Bird served for 10 years as the 25th Chief Justice of California. She was the first female Justice, and first female Chief Justice, on that court, appointed by then Governor Jerry Brown...
.
When Adolpho A. Birch, who was chief justice of the court at the time of the State v. Odom decision, came up for a judicial retention vote in 1998, death penalty supporters campaigned for his removal. However, he was the beneficiary of a public awareness campaign on the importance of judicial retention elections that was mounted by the state's bar association, Farm Bureau, and League of Women Voters
League of Women Voters
The League of Women Voters is an American political organization founded in 1920 by Carrie Chapman Catt during the last meeting of the National American Woman Suffrage Association approximately six months before the Nineteenth Amendment to the United States Constitution gave women the right to vote...
in Tennessee, and he.retained his seat with 54 percent of the vote.
Law school faculty career
After leaving the state supreme court, White held one-year law schoolLaw school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
visiting professorships at Washington and Lee University
Washington and Lee University
Washington and Lee University is a private liberal arts college in Lexington, Virginia, United States.The classical school from which Washington and Lee descended was established in 1749 as Augusta Academy, about north of its present location. In 1776 it was renamed Liberty Hall in a burst of...
(1997-1998), West Virginia University
West Virginia University
West Virginia University is a public research university in Morgantown, West Virginia, USA. Other campuses include: West Virginia University at Parkersburg in Parkersburg; West Virginia University Institute of Technology in Montgomery; Potomac State College of West Virginia University in Keyser;...
(1998-1999), and the University of Denver
University of Denver
The University of Denver is currently ranked 82nd among all public and private "National Universities" by U.S. News & World Report in the 2012 rankings....
(1999-2000). In 2000 she joined the faculty of the University of Tennessee College of Law, where she is Elvin E. Overton Distinguished Professor of Law and directs the Center for Advocacy.