Nashville DA Recorded Defense Lawyers Without Consent, Investigation Reveals

An investigation by the Tennessee comptroller's office revealed that Nashville's district attorney, Glenn Funk, had been secretly recording defense attorneys and other visitors without their consent for nearly four years. The report indicated that while there were signs indicating video surveillance, warnings about audio recording were minimal and poorly placed. Many defense attorneys were unaware that their conversations, often involving privileged information, were being captured during their time in the viewing rooms. The investigation also uncovered a troubling incident from 2022, where Funk used the surveillance system to monitor a former employee who had shown support for Funk's election opponent on social media. Following a meeting regarding this issue, the employee made a $500 contribution to Funk's campaign, raising ethical concerns about the use of government resources for personal political gain. Despite the serious implications of the findings, Attorney General Jonathan Skrmetti stated that there was no basis for a successful criminal prosecution against Funk. He expressed particular concern about the audio recording capabilities in areas where defense attorneys meet with clients, emphasizing the ethical responsibilities that may arise from such practices. Funk's spokesperson claimed that the district attorney had not committed any crimes or broken any laws, asserting that the matter was now resolved. The investigation's findings have been forwarded to the Tennessee Board of Professional Responsibility for further review, although no immediate comments have been provided by the board.