Judge orders DA to release records of wiretapping investigation to NC5 reporter
UPDATE: On March 21, reporter Phil Williams agreed to dismiss his appeal seeking an order requiring the district attorney pay his lawyer's fees. Nashville District Attorney General Glenn Funk said in a statement that "we are pleased that Mr. Williams dismissed his appeal and his request for attorney fees."
ORIGINAL STORY: A Nashville judge in January ordered the release of documents related to cameras and microphones in public areas of the Davidson County District Attorney's Office after a local reporter sued the office.
Chancellor I'Ashea Myles ordered that some of the records withheld or heavily redacted by District Attorney Glenn Funk's office must be released without any redactions in a ruling from Jan. 11. Myles ordered that other withheld records be released with redactions she made.
The records were provided to News Channel 5 reporter Phil Williams, who repeatedly requested them before he and the channel's parent company Scripps Media filed a lawsuit against Funk.
In February 2023, Tennessee Attorney General Jonathan Skrmetti opened a wiretapping investigation into Funk's office to determine whether he or his staff violated state criminal laws — including wiretapping laws — after a News Channel 5 investigation found that listening devices had been placed around Funk's office as a security measure.
Skrmetti asked Funk to preserve all records tied to the purchase, installation, maintenance and operation of the recording devices. Deputy Attorney General Scott Sutherland also signed the letter.
Funk has denied any wrongdoing.
Williams filed four records requests from February 2023 to August 2023 related to the recording devices and the attorney general's investigation.
According to Myles, the DA's office provided only one batch of records to Williams: 27 pages of "heavily redacted" notes by the DA's staff from a Feb. 21, 2023, meeting to discuss the investigation. The DA's office did not provide any records responsive to Williams' three other requests. The office either cited exemptions to Tennessee public records law for the security of a government building or didn't offer any justification at all.
Myles found that Funk's proposed exceptions to public records laws don't justify the extent to which the office withheld or redacted the records.
"The proper response to a records request containing confidential information is to redact the information. Therefore, again, [Funk's] complete refusal to release information is contrary to the law," Myles wrote.
The documents were provided to Williams and were not filed in public court records. The Tennessean has not viewed the records but has filed a request with the DA's office seeking them.
While Myles' ruling was a win for Williams and the television station, he has appealed Myles' refusal to make the DA pay his lawyers' fees. Myles explained her decision in the January ruling, writing that though Funk "erred in his blanket refusal to release some requested documents and in his overly extensive redaction of other documents, this Court does not find [his] actions to be willful."
Williams filed a notice of appeal on Feb. 9. Scripps Media, News Channel 5's parent company, was dismissed from the lawsuit in Myles' January order.
The Davidson County District Attorney's Office did not respond to a request for comment in time for publication. Williams' lawyers declined to comment.
Craig Shoup contributed to this report.
Evan Mealins is the justice reporter for The Tennessean. Contact him at emealins@gannett.com or follow him on X, formerly known as Twitter, @EvanMealins.
This article originally appeared on Nashville Tennessean: Nashville DA Funk ordered to release records of wiretapping probe
