Davidson County District Attorney Glenn Funk, photographed at his home in 2022. (Photo: John Partipilo)
Davidson County District Attorney Glenn Funk recorded criminal defense attorneys and other visitors to his office and the private building in which its housed, as well as using government resources to advance his 2022 reelection campaign, an audit by the Tennessee Comptroller found.
According to the report, Funk used government funds to purchase audio and video recording devices in 2020 and 2021, placing the devices in public spaces as well as in a designated room for defense lawyers to examine evidence on behalf of their clients in pending criminal cases — and to discuss defense strategies. Defense attorneys who spoke with state investigators said they were not notified they were being recorded and would not have used the room were they aware.
Funk told state investigators visitors to his office have no expectation of privacy.
“If a defense attorney wants to talk to their client in private, they need to do that in their own office, or a protected space such as their home, the defendant’s home, inside of an attorney-client room in the courthouse or a sheriff’s office,” said Funk, according to the report. “But if you’re in a public space and you’re talking to your client, you don’t have an expectation of privacy there.”
Yet the U.S. Constitution offers protections to persons accused of crimes and sets forth prohibitions against the use of self-incrimination, including disclosure of attorney-client communications.
Nashville’s CBS affiliate, NewsChannel 5, first reported in February 2023 that Funk had installed listening devices in his office.
Threats of retaliation against employee and mixing of government and political resources
The report also documented implied threats directed toward an assistant district attorney after a family member created a social media post offering support for Funk’s 2022 opponent.
“I think if you fire her now, (name redacted) will use that against you,” read an email sent to Funk by an unnamed staff member. “I don’t want you to seem Trumpish to people who don’t know you and have them think you fired her just because someone disagreed with you.”
Funk responded, “That’s mainly what I think. But others are recommending the more serious response.”
Funk subsequently suggested the assistant district attorney “donate a significant amount of time or money” to his campaign — a violation of state law, which prohibits public officials from soliciting or accepting money with the understanding it could affect behavior by the official — reassigned the ADA to a role considered by other office employees to be a demotion and monitored the ADA via video and audio surveillance.
Additionally, the report found evidence employees of the District Attorney’s Office participated in campaign activities — some during regular office hours — with Funk’s knowledge and submitted paid time off request slips after the campaign events had been completed.
Tennessee Attorney General Jonathan Skrmetti notified Funk on Wednesday his office will not prosecute Funk on criminal charges due to an absence of available and admissible evidence but chided Funk for ethical lapses.
“I am particularly troubled by the audio recording functionality in places where defense attorneys converse with their clients, especially in the Crimes Against Children room,” wrote Skrmetti. “You should consider whether you or your subordinates have any duty to report or disclose past conduct regarding that practice or any other potential violation of your ethical obligations.”
In a statement, Funk’s office said, “We appreciate Attorney General Skrmetti’s prompt response to the Comptroller’s report. This matter is now at an end. As General Funk has always stated, neither he nor his office has committed any crimes or broken any law. This office will continue our mission to support victims, hold offenders accountable, and keep Nashville Safe.”
Funk, formerly a criminal defense attorney, was first elected to office in 2014. He will come up for reelection in 2030.
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