TBA Law Blog


Posted by: Azya Thornton on Sep 25, 2024

A state investigation has found that Nashville District Attorney Glenn Funk’s office secretly recorded criminal defense attorneys, office employees and visitors. From 2020 to 2021, Funk’s office used government funds to install a surveillance system throughout the building, according to a joint report from the Tennessee Comptroller’s Office and the Tennessee Bureau of Investigation. WPLN News reports that former members of Funk’s staff told investigators that it was common practice to record criminal defense attorneys without their knowledge. The report noted that the practice violates attorney-client privilege, and encroaches on Fifth Amendment rights against self-incrimination. According to a letter obtained by WPLN News, Tennessee Attorney General Jonathan Skrmetti will not be prosecuting Funk or his office and stated “that the facts and law do not provide sufficient basis for a successful criminal prosecution.” Funk has maintained that there is no expectation of privacy within a DA’s office. The Associated Press reports that the investigation also found that Funk used government resources to support his re-election campaign and surveilled an employee whose family supported a different candidate for the DA position. Metro Nashville Chief Public Defender Martesha Moore is requesting that Funk’s office disclose all cases, both pending and closed, in which this surveillance occurred.