Davidson County District Attorney Glenn Funk recorded the activities of criminal defense attorneys and other visitors to his office and the private building where it is housed, and used state funds to advance his 2022 re-election campaign, an audit by the Tennessee State Auditor found.

According to the report, Funk used state funds to purchase audio and video recording equipment in 2020 and 2021. The equipment was placed in public places as well as in a designated room where defense attorneys in pending criminal cases could review evidence on behalf of their clients and discuss defense strategies. Defense attorneys who spoke with state investigators said they were not informed they were being recorded and would not have used the room if they had known.

Funk told state investigators that visitors to his office had no right to privacy.

“If a defense attorney wants to speak with his client privately, he must do so in his own office or in a protected location, such as his home, the defendant’s home, an attorney-client room in the courthouse or the sheriff’s office,” Funk said, according to the report. “But if you are in a public place and you are speaking with your client, you cannot expect privacy there.”

And yet the U.S. Constitution provides protections for accused persons and prohibits the use of information for self-incrimination, including the disclosure of attorney-client communications.

CBS affiliate station in Nashville, NewsChannel 5, first reported in February 2023 that Funk had installed listening devices in his office.

Threat of retaliation against employees and mixing of state and political resources

The report also documented implicit threats against an assistant district attorney after a family member offered support for Funk’s 2022 opponent on social media.

“I believe if you fire her now, (name redacted) will use it against you,” said an email sent to Funk by an unnamed aide. “I don’t want you to look like Trump to people who don’t know you and think you fired her just because someone disagreed with you.”

Funk replied: “That is essentially my opinion. However, others recommend a more serious response.”

Funk then suggested that the assistant district attorney “donate a significant amount of time or money” to his campaign – a violation of state law that prohibits public officials from soliciting or accepting money when they know it could influence their conduct. Funk placed the ADA in a position that was viewed by the other office staff as a demotion and monitored the ADA via video and audio surveillance.

In addition, the report contains evidence that employees of the prosecutor’s office participated in campaign activities with Funk’s knowledge – some during regular office hours – and submitted requests for paid leave after the campaign events concluded.

Tennessee Attorney General Jonathan Skrmetti informed Funk on Wednesday that his office would not prosecute Funk due to a lack of available and admissible evidence, but reprimanded Funk for ethical lapses.

“I am particularly concerned about the audio recording feature in places where defense attorneys converse with their clients, particularly in the Crimes Against Children room,” Skrmetti wrote. “You should consider whether you or your subordinates have an obligation to report or disclose past conduct related to this practice or other possible violations of your ethical obligations.”

In a statement, Funk’s office said: “We thank Attorney General Skrmetti for his prompt response to the Auditor General’s report. This matter is now closed. As General Funk has always stressed, neither he nor his office committed crimes or broke any laws. This office will continue its mission to support victims, hold perpetrators accountable and keep Nashville safe.”

Funk, a former criminal defense attorney, was first elected to office in 2014. He will seek re-election in 2030.

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