Nashville’s District Attorney Glenn Funk has come under scrutiny after it was revealed that he installed a covert surveillance system to secretly record defense attorneys, colleagues, and other visitors without their knowledge. The Tennessee comptroller’s office uncovered this extensive surveillance system for audio and video recordings that was put in place nearly four years ago. Although warning signs were posted indicating visitors were being filmed, there was insufficient notice regarding the audio recordings taking place.

The investigation discovered that it was common practice in the district attorney’s office to secretly record criminal defense attorneys in the viewing room without their consent and then share these recordings with office staff handling the cases. Despite these practices, defense attorneys were largely unaware that they were being audio recorded while discussing privileged information and defense strategies in the viewing rooms.

Funk defended his actions by claiming that there is no expectation of privacy in the District Attorney’s Office. The report detailed an incident in 2022 where Funk ordered the surveillance system to monitor a former employee whose family member had shown support for Funk’s opponent on social media. Following a meeting with the employee, Funk received a campaign contribution and hinted that further contributions would be beneficial for job security.

Attorney General Jonathan Skrmetti reviewed the evidence against Funk but concluded that there is no basis for a successful criminal prosecution. Despite this decision, Skrmetti emphasized that ethical concerns remain unresolved, particularly regarding the audio recordings in sensitive areas like the Crimes Against Children room. Funk’s spokesperson, Steve Hayslip, expressed gratitude for the prompt response from Skrmetti and maintained that Funk and his office have not committed any crimes.

The investigation findings have been forwarded to the Tennessee Board of Professional Responsibility for further review. Funk has served as the Nashville-area district attorney since 2014 and was reelected to an eight-year term in 2022. Notably, Funk announced that he would not prosecute medical practitioners performing abortions or pregnant women seeking them.