Penny J. White (born May 3, 1956) is an American attorney and former judge who served as a judge on Tennessee's First Judicial Circuit, a judge for the Tennessee Court of Criminal Appeals, and a justice on the Tennessee Supreme Court. she was the second woman to serve on the Tennessee Supreme Court. White was removed from office in a judicial retention election in 1996 as the only justice to lose a retention election in Tennessee under the Tennessee Plan. After her time in the judiciary, White served as a professor at the University of Tennessee College of Law until retiring in 2022.
Early life and education Penny J. White was born in Kingsport, TN on May 3, 1956. White's father, Carmen White born in 1919, was an employee of Eastman Base Mountain Construction Company as an electrician. Her mother, Jean Bush White, graduated high school at age thirteen, and she was fully employed at the age of fourteen by Clinchfield Railroad. When White was growing up, her mother worked as an architectural secretary. White's maternal grandparents, Charles H. Bush and Ethel Bush, were farmers in Scott County located in southwest Virginia. Her paternal grandfather, Herman Sevier White, owned and operated a county store in Greene County, TN. White's paternal grandmother, Edda White, was a homemaker.
White attended Sullivan County Southern Central School in Blountville, TN for high school. During high school, White held an office in student government. White graduated from Central in 1974. After graduating high school, she attended East Tennessee State University located in Johnson City, TN for her undergraduate education. She was involved with student government becoming the first woman to become the president of the student body. At East Tennessee State University, White graduated summa cum laude in 1978 with a Bachelor of Science degree double majoring in political science and criminal justice and minoring in speech.
In 1981, White graduated from the University of Tennessee College of Law to receive her Doctor of Jurisprudence degree.“PENNY J. WHITE CV.” University of Tennessee, 2022. https://law.utk.edu/wp-content/uploads/2019/08/Penny-J.-White-Resume-Updated-August-2019.pdf While at University of Tennessee College of Law, White was the editor of the Tennessee Law Review. After law school, she worked in private practice for two years. White had the opportunity to be an E. Barrett Prettyman Fellow at Georgetown University Law Center. She wrote her thesis on the right to counsel. In 1987, White received her Master of Laws (L.L.M.) degree from Georgetown University Law Center upon completing the fellowship program.
Early career White engaged in the private practice of law in Johnson City, Tennessee, 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.John R. Vile (2003), Great American judges: an encyclopedia, Pages 306-307.Penny J. White curriculum vitae, University of Tennessee College of Law website, accessed April 20, 2011.
Attorney Penny J. White was an attorney after graduating from the University of Tennessee College of Law at Richard Pectol & Associates, a private practice in Johnson City, TN, from 1981 to 1983.“PENNY J. WHITE CV.” University of Tennessee, 2022.https://law.utk.edu/wp-content/uploads/2019/08/Penny-J.-White-Resume-Updated-August-2019.pdf When attending Georgetown University Law Center, White worked as an E. Barrett Prettyman Fellow for the Georgetown University Criminal Justice Clinic from 1983 until 1985. After finishing her Master of Laws degree, White returned to Johnson City, TN and applied for several teaching jobs. Instead of teaching, White decided to start her own private practice of law from 1985 until 1990. During this time, White argued Houston v. Lack in front of the United States Supreme Court which solidified her reputation in the legal community.
Private practice After obtaining her Doctor of Jurisprudence degree at the University of Tennessee, Penny J. White worked as a private practice attorney between 1981 and 1983 in Johnson City, TN at Richard Pectol & Associates. At Richard Pectol & Associates, White worked with criminal law and was introduced to family law. White took a break from private practice in Johnson City to further her education and expand her career choices. Returning to Johnson City in 1985, White continued in the private practice of law as a solo-practitioner. White specialized in civil rights, criminal defense, and family law as a solo-practitioner. As an attorney, White gained status after arguing Houston v. Lack before the United States Supreme Court and left an impression on the Supreme Court justices.Houston v. Lack, 487 U.S. 266 (U.S. Supreme Court 1988). White served as a judge on every level of Tennessee's court system after leaving the private practice of law. White decided to enter the judicial system to improve the administration of justice, but also because she was treated differently for not being a male lawyer.
Houston v. Lack While in the private practice of law, White briefed and argued before the United States Supreme Court in Houston v. Lack in April 1988.
First Judicial District Penny J. White was the first female judge to serve on Tennessee's First Judicial District. Tennessee's First Judicial Circuit Court selects judges through partisan or non-partisan elections depending on the county's statutes. White ran to be on the First Judicial District when Judge Jack Music announced his retirement. She won the election for the judgeship in East Tennessee. Judge White served on the First Judicial District from 1990 until 1992. After 1992, White was appointed to the Tennessee Court of Criminal Appeals by Governor Ned McWherter. The First Judicial District has jurisdiction in Carter county, Johnson county, Unicoi county, and Washington county. On the circuit court, Judge White had jurisdiction over criminal and civil matters. In the Tennessee Judicial Conference, Judge White had a mentor Judge George Garret from Sullivan County, TN.
Tennessee Court of Criminal Appeals In 1992, Penny J. White was appointed to the Tennessee Court of Criminal Appeals by Governor Ned McWherter. Justice John Byers retired from the Tennessee Court of Criminal Appeals when Penny J. White filled his seat. White was selected to serve on the Court of Criminal Appeals in Tennessee through assisted appointment. The process of assisted appointment consists of a governor-selected nominee out of three finalists being confirmed by the Tennessee General Assembly. There had only been one other woman as an appellate judge in Tennessee before White, Judge Martha Daughtrey. On the Court of Criminal Appeals, Judge White confirmed a majority of the criminal convictions she reviewed. The workload of the Tennessee Court of Criminal Appeals was significantly different from the First Judicial District. With only one judicial clerk, White was expected to write two to three court opinions weekly including the time to review all volumes of appeals and edit rewrites of draft opinions. Judge White sat alongside Judge Tipton and Judge Gary Wade. On this court, Judge Tipton pushed White to be better as a new judge to edit and rewrite many of her court opinions. She served on that court until 1994 when McWherter selected her to fill a vacancy on the Tennessee Supreme Court.
Tennessee Supreme Court
Judicial selection Penny J. White was appointed by Governor Ned McWherter in 1994 to the Tennessee Supreme Court.Behm, Margaret and Henry, Candi. “Judicial Selection In Tennessee: Deciding ’The Decider.” SSRN Scholarly Paper. Rochester, NY, 2014. https://papers.ssrn.com/abstract=2480621. She was the second woman ever to serve on the state's highest court.Colman McCarthy, Injustice Claims a Tennessee Judge, The Washington Post, November 26, 1996. Page C11. Her appointment filled the seat of retired Justice Charles O'Brien. The Tennessee Supreme Court has five justices who are selected through assisted appointment. Penny J. White was confirmed by the Tennessee General Assembly to serve on the Tennessee Supreme Court as the second woman justice after Justice Daughtrey who encouraged White to fill Justice O'Brien's seat. Besides White, the other candidates to fill the spot on the bench were Justice Holder and Chancellor Richard Ladd. Justice White served on the bench alongside Chief Justice Riley Anderson, Chief Justice Adolpho Birch, Justice Frank Drowota, and Justice Lyle Reid.
Published court opinions Penny J. White wrote about 200 reported and unreported court opinions as a judge between 1992 and 1996. The following list are some of the Tennessee Supreme Court opinions authored by Justice White.
McClellan v. Board of Regents, 921 S.W.2d 684 (Tenn. 1996). McClung v. Delta Square Ltd. Parnership, 937 S.W.2d 891 (Tenn. 1997). Meighan v. U.S. Sprint Co., 942 S.W.2d 476 (Tenn. 1997). Phipps v. State, 883 S.W.2d 138 (Tenn. 1994). Ramsey v. Beavers, 931 S.W.2d 527 (Tenn. 1996). Ray, by Hoilman v. BIC Corp., 931 S.W.2d 527 (Tenn. 1996). Wimley v. Rudolph, 931 S.W.2d 513 (Tenn. 1996). McClellan v. Board challenged the procedural and substantive processes under the Uniform Administration Procedures Act.White, Penny J. McClellan v. Board of Regents, 921 S.W.2d 684 (Tenn. 1996). McClellan was found guilty of sexual harassment during his teaching in the Department of Health, Physical Education, and Recreation at Middle Tennessee State University. The Court of Appeals and the Tennessee Supreme Court upheld this ruling. The Supreme Court found that substantial and material evidence supports finding a violation of sexual harassment policy of the Tennessee State Board of Regents and of Middle Tennessee State University. Another issue addressed in McClellan is whether the administrative hearing had appropriate procedures. The Supreme Court reversed the lower court's decision that vacated one of the hearing findings and the sanction order. The Supreme Court remanded the case so the sanctions were reviewed in the administrative trial.
McClung v. Delta Square Ltd. Partnership changed the precedent for liability cases for acts of violence committed by third parties against victims. A victim of abduction from a Wal-Mart parking lot, Dorothy McClung was raped and murdered by Joseph Harper.White, Penny J. McClung v. Delta Square Ltd. Parnership, 937 S.W.2d 891 (Tenn. 1996). McClung's husband, the plaintiff, sought relief from the defendants, owners, operators, and tenants for negligence of not providing parking lot security. This case decided that "the question of duty and of whether defendants have breached that duty by taking or not taking certain actions is one for the jury to determine based upon proof presented at trial." This decision reversed a precedent that limited the care for security that business owners should owe to customers. In White's oral history with the Tennessee Supreme Court Historical Society, this was the only case she mentioned by name.
Meighan v. U.S. Sprint Co. reviewed the Tennessee Rules of Civil Procedure, specifically Rule 23.White, Penny J. Meighan v. U.S. Sprint Co., 942 S.W.2d 476 (Tenn. 1997). The Court reviewed Rule 23 in its application to actions that cause injury to property in deciding the potential reasons for action and the adequate amount of damages caused by the action. The Court denied a rehearing.