Davidson County DA’s Office reportedly recorded attorneys, visitors & employees

NASHVILLE, Tenn. (WKRN) — An investigation into the procedures of the 20th Judicial District Attorney General’s Office in Nashville found “numerous questionable actions” by the Tennessee Comptroller’s Office.

According to a release, investigators determined government employees surveilled and monitored audio and video recordings of criminal defense attorneys, office employees, other building tenants, and visitors without their knowledge or consent.

Former office employees told investigators it was common practice to audio and video record criminal defense attorneys when they were reviewing evidence inside the DA’s Office viewing room. These attorneys reportedly discussed privileged information, including statements made by their clients, along with defense strategies.

Click here to read the Comptroller’s report.

After the defense attorneys left the viewing room, every indication is the recordings were then provided to the assistant district attorney(s) or secretary of the office unit handling the criminal case, according to the report.

These activities could violate the United States Constitution, Tennessee Rules of Professional Conduct and state law.

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According to the report, District Attorney General Glenn Funk allowed office employees to participate in campaign activities during work hours, and they used government resources to promote and benefit the DAG’s reelection effort.

Paid-time-off forms were reportedly created for office employees after questions were raised within the office that could indicate office employees were participating in campaign related activities when required to be at work.

Funk allegedly utilized questionable practices with a former assistant district attorney (ADA) whose family member made a social media post in support of the Funk’s 2022 campaign opponent.

According to investigators, Funk received a questionable campaign contribution from the former ADA and he reassigned her to a different position within the office; and directed that she be monitored with the audio and video surveillance system without her knowledge or consent.

“Elected district attorneys must act with high integrity and ethical standards when managing day-to-day business and office affairs,” said Comptroller Jason Mumpower in a release. “The actions noted by our investigators bring into question the DAG’s integrity and the public’s confidence in his ability to fulfill his responsibilities.”

“I’m proud of the collective work of the Office of the Comptroller and the TBI special agents who thoroughly investigated these accusations,” said Tennessee Bureau of Investigation Director David Rausch. “The role of our team is to independently discover the facts and provide that information for further consideration, and we met that responsibility in this case.”

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The Tennessee District Attorneys General Conference released a statement, which reads:

We reviewed the report this morning when it was published by the Comptroller. We recognize that it raises serious concerns. We have begun the process of evaluating the issues raised and will discern how to appropriately address them.

Gen. Bryant Dunaway, president of the Tennessee District Attorneys General Conference Executive Committee

Tennessee Attorney General Jonathan Skrmetti announced his office will not be pursuing any charges, citing a lack of evidence beyond a reasonable doubt.

Funk’s office released the following statement:

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.

The Tennessee Board of Professional Responsibility also shared a statement:

Please be advised that Tennessee Supreme Court Rule 9 Section 32 provides that all matters or investigations, involving allegations of misconduct by an attorney, shall be confidential unless or until public discipline is imposed or formal disciplinary charges are filed by the Board of Professional Responsibility against the attorney.

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