Penny J. White

Director of the Center for Advocacy
and Associate Professor of Law
B.S, East Tennessee State University
J.D., 1981, University of Tennessee
LL.M., 1987, Georgetown University

Evidence, Legal Profession, Media Impact on Justice, Pretrial Litigation, Trial Practice.

pwhite4@utk.edu

Before joining the faculty at the UT College of Law in 2000, Professor Penny White served as a judge in all courts of record in the state of Tennessee. As a circuit judge, Professor White presided over civil and criminal jury trials in Tennessee's First Judicial District. Thereafter, as a member of the Tennessee Court of Criminal Appeals, White heard and decided hundreds of cases involving state and federal constitutional law issues and state criminal law issues. As the youngest member of the Tennessee Supreme Court, Professor White participated in several decisions that have impacted Tennessee law, including decisions involving class actions, rights of tort victims, and capital punishment. Since leaving the bench, Professor White has authored benchbooks for Tennessee Circuit, General Sessions, and Municipal Court Judges; has taught judicial education programs in 38 states; and has spoken and written frequently on the topic of judicial independence. She has served as a member of the faculty at the National Judicial College for 15 years where she teaches courses for judges on the subjects of evidence, criminal procedure, and judicial ethics. She recently completed a one-year term as Chair of the Faculty Council at the National Judicial College.  In addition, Professor White has served as one of the faculty on the College's Capital Punishment Improvement Initiative, a project that provides training and education to trial judges on the trial of capital cases.  Professor White is also authoring portions of a Capital Improvement Initiative Manual, which will be used by judges all across the country who try capital cases. Before taking the bench in 1990, White practiced law in state and federal court, successfully arguing a case, as a solo practitioner, in the United States Supreme Court in 1988. Professor White taught at three other law schools before joining the UT faculty, serving as Director of the Virginia Capital Case Clearinghouse while teaching at Washington and Lee College of Law, holding the William J. Maier, Jr. Chair of Law at West Virginia College of Law, teaching at Denver University College of Law, and visiting at the University of North Carolina School of Law. Her work has been published in numerous law reviews and legal publications. 

Publications

       Books, Chapters & Other Publications:

Introduction to Capital Punishment; Post-Conviction in Capital Cases, in National Judicial College, Capital Improvement Initiative Manual (upcoming 2007).

Numerous Chapters, in Schebb & Stephens, Encyclopedia of American Civil
Liberties and Rights (2006).

Tennessee Municipal Judge's Benchbook (2004).

Tennessee General Sessions Judge's Benchbook (2002).

The Continuing Evolution of the Federal Rules of Evidence, in The Improvement of the Administration of Justice (7th ed. 2001).

Tennessee Trial Judge's Benchbook (2001).

Sentencing Guide for Trial Judges (Bureau of Justice Assistance 1998).

       Articles:

He Said,” “She Said,” and Issues of Life and Death: Confrontation at Capital Sentencing Hearings, ___ Regents Univ. L. Rev. ___ (upcoming Fall 2006).

A Matter of Perspective, 3 University of North Carolina First Amendment L. Rev. 5 (Winter 2004).

Some Appeasement for Professor Tushnet, 71 Tenn. L. Rev. 275 (Winter 2004)

Symposium Article: Preserving the Legacy: A Tribute to Chief Justice Harry L. Carrico, One Who Exalted Judicial Independence," 38 U. Rich. L. Rev. 615 (March 2004).

The Good, The Bad, and The (Very, Very) Ugly, and A Fistful of Dollars, 38 U. Rich. L. Rev. 626 (March 2004).

Mourning and Celebration on Gideon's Fortieth, 72 U. Mo. - K.C. L. Rev. 515 (Winter 2003).

Legal, Political, and Ethical Hurdles to Applying International Law in State Courts and Arguments for Scaling Them, 71 U. Cinn. L. Rev. 937 (Spring 2003).

Rescuing the Confrontation Clause, 54 S.C.L. Rev. 537 (Spring 2003)

Judging Judges: Securing Judicial Independence by the Use of Judicial Performance Evaluations, 29 Fordham Urban Law Journal 1053 (February 2002).

Errors and Ethics: Dilemmas in Death, 29 Hofstra L. Rev. 1265 (Summer 2001).

A Response and Retort, 33 Conn. L. Rev. (Spring 2001).

Surviving the Politics of Judging, 20 J. Of Nat'l Assn. of Admin. L. Judges 149 (Spring 2000).

Newly Available, Not Newly Discovered, 2 Journal of Appellate Practice and Process 7 (Winter 2000).

Capital Punishment: Challenges and State Court Obligations, National Center for State Courts Trends Report (2000), at http://www.ncsc.dni.us/KMO/Projects/Trends/99-00/Index.htm.

Breaking the Most Vulnerable Branch: Do Rising Threats to Judicial Independence Preclude Due Process in Capital Cases?, Panel Discussion in 31 Columbia Human Rights Law Review 137 (Fall 1999).

Can Lightning Strike Twice? Obligations of State Courts After Pulley v. Harris, 70 Colo. L. Rev. 814 (Summer 1999).

Judicial Independence: Second Steps, 38 Judges' Journal 5 (Summer 1999).

Judges' New Role in Preserving an Independent Judiciary, 14 NJC Alumni 9 (1998).

Master Justice Chancellor Kent: His Legacy for Today's Judges, 74 Chicago-Kent L. Rev. 277 (1998).

If Justice is For All, Who Are its Constituents?, 64 Tenn. L. Rev. 259 (Winter 1997).

Judicial Courage and Judicial Independence, 16 J. Of Nat'l Assn. of Admin. L. Judges 61 (1996).

It's A Wonderful Life, Or Is It? America Without Judicial Independence, 27 U. Mem. L. Rev. 1 (Fall 1996).

Yesterday's Vision, Tomorrow's Challenge: Alternative Dispute Resolution in Tennessee, 26 U. Mem. L. Rev. 957 (1996).

A Survey of Tennessee Supreme Court Death Penalty Cases in the 1990s, 61 Tenn. L. Rev. 733 (1994).

A Noble Ideal Whose Time Has Come, 19 Memphis St. L. Rev. 233 (Winter 1988).

Recent Professional Presentations and Service

       Speeches, Symposia, Panel Discussions (partial listing)

“Judicial Independence : A Kaleidoscopic View,” First-year class Conclave, Syracuse Law School , Syracuse, New York, February 2007.

Symposium on “ Crawford and Davis: Where Do We Go From Here?”, Regents University Law School, Virginia Beach, Virginia, October 2006.

“Judicial Independence after White, ” New Mexico Judicial Conference, Albuquerque , New Mexico , July 2006.

“Media's Perspective on the Judiciary,” Illinois Judicial Conference, Chicago Illinois , Fall 2005 and Spring 2006.

SEALS, Panel on Judicial Independence and Selection, Amelia Island, Florida, July 2003.

Symposium Honoring Chief Justice Harry Carrico, "Judicial Independence in the States after White," Richmond, March 2003 (available on University of Richmond College of Law website).

Inter-American Commission on Human Rights Working Session on the Implementation of International Human Rights Obligations in the Inter-American System, American States, " State Court Obligations under International Human Rights Law," Washington D.C., March 2003.

Symposium Celebrating Marbury v. Madison, "Some Appeasement for Professor Tushnet, Knoxville, February 2003 (available on University of Tennessee College of Law website) Duke Law School, International Moot Court Competition, Keynote speech for participants, February 2003 American Bar Association Annual Meeting, "Tips From the Trenches," Washington D.C., August 2002.

Duke Law School International Human Rights Program, "Hurdles to Applying International Law in American State Courts," Geneva, Switzerland, July 2002.

Ohio Public Trust and Confidence Conference, Keynote Address, "Restoring Confidence in the Judiciary," January 2002.

American Bar Association Annual Meeting, Judicial Administration Division, "Impact Decisions," Chicago, August 2001 - 03.

American Bar Association Annual Meeting, Judicial Administration Division, "Impact Decisions, "New York, June 2000 .

Kansas Women Lawyers Association, Yellow Roses and Glass Ceilings, Limborg, Kansas, July 2001.

Amnesty International, Southeastern Annual Conference, Keynote Address, July 2001.

Nevada Judiciary Annual Meeting, Judicial Independence in an Interdependent World, Lake Tahoe, May 2000.

Virginia Bar Foundation Annual Meeting, Williamsburg, Judicial Independence, January 2000.

Presentations to student groups at Harvard, Yale, Georgetown, Cornell, Marquette, Santa Clara, and Vanderbilt Law Schools.

       Judicial and Legal Education Presentations (partial listing)

New Mexico Judicial Conference, Judicial Independence, Summer 2006

National Judicial College, North Carolina Judicial Conference, Arkansas Judicial Conference, Capital Litigation Improvement Initiative, Spring 2006

National Judicial College, Evidence in a Courtroom Setting, Spring 2006

Tennessee Judicial Conference, Evidence Update, Summer 2006

Idaho Judicial Conference, Update on Criminal Procedure, Winter 2006

Kansas Judicial Conference, Fourth Amendment Update, Fall 2005

Kentucky Bar Association, Judicial Speech, Spring 2005

Oklahoma Judicial Conference, Evidence Update, Fall 2004

Delaware Judicial Conference, Judicial Independence , Fall 2004

Delaware Judicial Conference, Evidence Update, Fall 2004

Tennessee Judicial Conference for New Judges, Evidence, November 2006

Judicial Programs Tennessee Judicial Conference for New Judges, Evidence, November 2003

Illinois Administrative Law Judges' Conference, Evidence, October 2003

Rhode Island Judicial Conference, Character Evidence, September 2003

Georgia Superior Court Judges' Conference, Expert Testimony, July 2003

Tennessee Municipal Court Judges' Conference, Constitutional Law Update, July 2003

Utah Judges' Conference, Evidence, May 2003

Texas Judicial College, Cornerstones of Justice, May 2003

Indiana Judges Conference, Evidence, April 2003

Baton Rouge Administrative Law Judges, Evidence and Record Making, January 2003

Idaho Judicial Conference, Sentencing Workshop, January 2003

Bulgarian Judiciary, The American Justice System, August 2002

Texas Judges Conference, The Role of Judging, July 2002

Texas Judges Conference, Judicial Ethics, May 2002

Utah District Court Judges Conference, Evidence, May 2002

Montana District Court Judges Conference, Evidence May 2002

Tennessee General Sessions Judges Conference, Evidence and Bench Book, February 2002

Iowa Judicial Conference, Evidence, October 2001

Georgia Judicial Conference, Criminal Procedure Update, August 2001

National Association of Administrative Law Judges, Evidence, May 2001

South Carolina Judicial Conference, Judicial Independence, August 2000

Texas Administrative Law Judges Conference, Evidence, May 2000

Indiana Judicial Conference, Evidence, May 2000

Missouri Leadership Conference, Judicial Independence, May 2000

Utah Judicial Conference, Evidence, April 2000

Colorado District Judges Judicial Conference, Judicial Independence, January 2000

New Hampshire Judicial Conference, Ethics, January 2000

National Judicial College, General Jurisdiction, Advanced Evidence, Nevada Death Penalty and Decision-Making Courses, 1992 - present

       Legal Education Programs

International Justice Project, Kentucky Department of Public Advocacy, Applying International Law in State Courts, September 2003

Tennessee Association of Veterinarians, Annual Conference, Veterinary Obligations and Liabilities in Animal Abuse Cases, June 2003

Tennessee Association of Criminal Defense Lawyers, Preserving Error, April 2003

Tennessee District Attorneys General Conference, New Rules of Ethics, February 2003

Knoxville Bar Association, Young Lawyer's Conference, Damages, January 2003

Tennessee District Attorneys' General Association, New Ethics Rules, January 2003

Division of Veterinarian Medicine, Veterinary Obligations and Liabilities in Animal Abuse Cases, December 2002

Knoxville Bar Association, New Rules of Ethics, December 2002

Tennessee Trial Lawyers' Association, New Ethics Rules for Tennessee Lawyers (4 presentations) 2002-03

International Justice Project, Arizona Juvenile Justice Summit, Applying International Law in State Courts, October 2002

Knoxville Bar Association, Preparing Experts for Trial, August 2002 (on-line presentation)

Ohio Bar Association, Evidence, August 2002

Santa Clara Law School Death Penalty College, Judicial Independence and Capital Punishment August 2002

International Justice Project, Juvenile Summit, International Law in State Courts, October 2002

Arizona Trial Practice and Evidence, National Practice Institute, March 2002

Tennessee Trial Lawyers' Association, New Ethics Rules (5 presentations) 2002

Tennessee Department of Child Services, Ethics Training October 2001 & October 2002

Tennessee District Attorneys General Conference, Tennessee Search and Seizure, October 2001

Tennessee Trial Lawyers' Association, Update (3 presentations) 2001

Arkansas Trial Practice and Evidence, National Practice Institute, November 2001

Federal Defender's Association, Apprendi and Beyond, May 2001

Tennessee Trial Lawyers' Association, Ethical Issues in the Trenches, October 2000

Vermont States Attorneys Annual Conference, Evidence, June 2000

American Bar Association, Tort and Insurance Practice Section, Trial Training, Impeachment and Rehabilitation, 2000 - 2002

       Service: (past and present, partial listing)

Chair, Faculty Council, National Judicial College

Member, Education Committee, Board of Trustees, National Judicial College

Board of Directors, Legal Aid Society of East Tennessee

Faculty Council, National Judicial College

Co-Chair, Ethics and Professionalism Committee, American Bar Association Litigation Section

Co-Chair, Training the Advocate Committee, American Bar Association Litigation Section

Member, Hamilton Burnett Inn of Court

Member, Knoxville Bar Association Professionalism Committee

Past Member, Board of Directors, American Judicature Society

Past Chair, Tennessee Judicial Conference, Education and Judicial Evaluation Committees

Past Liaison, Tennessee Commissions on Gender Fairness; Alternative Dispute Resolution; Continuing Legal Education and Specialization

Past Vice-President, Tennessee Judicial Conference; Member, Tennessee Judicial Conference Executive Committee

Past President, East Tennessee State University National Alumni Association

Past Member, Alumni Advisory Council, University of Tennessee College of Law

       Honors and Awards (partial listing)

Bass, Berry & Simms Faculty Award for Outstanding Contributions to the Bench and the Bar, 2007

Forrest W. Lacey Award for Outstanding Contribution to UT College of Law Moot Court Program, 2005-06

Forrest W. Lacey Award for Outstanding Contribution to UT College of Law Moot Court Program, 2002-03

Forrest W. Lacey Award for Outstanding Contribution to UT College of Law Moot Court Program, 2001-02

Bernstein-Richie Award for Extraordinary Service to UT Legal Clinic, 2002

American Civil Liberties Union of Tennessee, Bill of Rights Award, 1997

Marion Griffin Award, Association of Women Attorneys, 1996

YWCA Tribute to Women Award, Business and Government, 1996

Outstanding Public Services Award, University of Tennessee College of Law, 1994

Outstanding Alumna Award, East Tennessee State University, 1994

       Activities (partial listing)

Interim Director, University of Tennessee Center for Advocacy and Dispute Resolution

Faculty Advisor, Tennessee Journal of Law and Public Policy

Faculty Advisor, Judicial Clerkship Program

Coach, Jerome Prince Evidence Moot Court Team

Coach, Constitutional Law Moot Court Team

Coach, Thurgood Marshall Trial Team

Faculty Advisor, UT Law Association for Women

Attorney Member, Tennessee Innocence Project

January 21., 2008