As part of a new initiative, the TBA Criminal Justice Section has begun surveying candidates in contested district attorney general races across the state to raise awareness of their positions and priorities for the office. In this first edition, we hear from candidates of the hotly contested Davidson County District Attorney General race: Davidson County District Attorney General Glenn Funk (incumbent), Sara Beth Myers and P. Danielle Nellis. We asked them seven questions; the participants' respective responses are below.

The homicide rate nationwide has increased dramatically in recent years, particularly between 2019-2010. What is your plan for addressing this crisis in Davidson County?

FUNK: The Nashville homicide rate stood at between 95-110 throughout the 1990s and into the mid 2000s. The rate fell by 50% over the next several years, most likely due to medical advancements which turned homicides into attempted homicides. This rate bottomed out at around 45 in 2014.

With the proliferation of firearms and other societal factors, the national homicide rate has risen over the last several years. Nashville’s homicide rate rose to the levels seen 20 years ago.   One factor for Nashville’s increase could also be that the MNPD under Chief Serpas decentralized our homicide division and this policy was followed by Chief Anderson. Over this period of decentralization, the MNPD solve rate on homicides decreased to around 37%.

To combat the rise in homicides, I have devoted most of my office resources to violent crime. During my tenure, my office has over a 95% conviction rate on all murder cases. In addition, when Chief Drake was first appointed Chief, I met with him and asked him to re-establish the Homicide unit. He put the unit together within 2 months of being named interim Chief. Centralized units are considered best practice. I then assigned Deputy DA Roger Moore to work exclusively with this unit and made DA team leaders available to serve as resources and advisors to that unit. I next convinced the Criminal Court judges to change the court assignment randomizer so that trial courts are assigned based on the date of offense. This way, even before the case is charged, we know which DA will be handling the trial and that DA can work with DDA Moore and the homicide unit to solve the case and make sure the evidence will stand up in court.

After only 18 months, these changes are already producing significant results. Chief Drake told me today that the solve rate is up to 75%. Further, according to Chief Drake the number of homicides actually decreased in 2021 as compared to 2020. I am unaware of any major city besides Nashville that can report a decrease in homicides last year. This is a testament to the great work of our MNPD and the collaboration with the DA’s office. I expect to see further decreases going forward.

MYERS: The current District Attorney’s approach has been--at best--purely reactive; for the most part, it has simply been a policy of catch and release. This has to change. Under my leadership, the Office will proactively address the rising crime rates in our city while also making sure the most dangerous and violent offenders are kept off the street. I will assign Assistant District Attorneys (ADAs) to police precincts in order to get to know the neighbors they serve. ADAs will build relationships with community stakeholders, including businesses, nonprofits, churches, neighborhood associations, etc., and hold quarterly meetings in their assigned area. The purpose of these new relationships will be to understand not only what crimes are occurring in their assigned neighborhoods, but why these issues are occurring. Through this proactive community collaboration, the office and its partners will be able to target resources at issues before people’s actions escalate and involve the criminal justice system. Further, I will create the Office's first Restorative Justice Unit to prevent further crime after it has already happened. At the same time, my top priority will be keeping Nashville safe by focusing on prosecution of violent offenders, including domestic abusers, child abusers, and others who endanger our community.

NELLIS: Over the past years, we have seen an increase in the homicide rate. Of those who were killed, my family and I lost my father-in-law who was a Venezuelan immigrant, and my cousin, who was a member of the LGBTQ+ community. Additionally, in 2017 I lost five of my Sunday School kids to violent crime. And yes, loss of life at the current rate is startling. However, I believe it is very important to note that the reason we have seen an increase in our murder rate is not just one person or one set of policies, but instead the failure to look beyond status quo responses and truly address the root causes of the criminal behavior.

 If we look specifically at 2019-2020, we were all seeking safety at home, but home is not safe when there are issues of domestic violence and domestic abuse. Tennessee and Davidson County have long wrestled with addressing DV crimes and have poured an extraordinary amount of resources into related cases. Approximately half of the cases in Davidson County are DV related. Tennessee is still in the top 10 for DV related homicides. What has not happened in the DV context, nor in the larger criminal justice system, is an expansion of options for accountability that identify and address the root cause.

When someone commits a crime, they should be held accountable. However, the only options we have for accountability are jail, probation or nothing. The three available options do not address the root cause of the criminal behavior which, as we know, is often a response to some type of trauma. Effective and early identification of the root cause, then connecting that individual with community-based resources where appropriate, will help prevent crime. When we do this, in combination with several other programs which can be found in my policy book, we prevent people from staying in the system throughout their lives. It almost goes without saying, but it is rare that an individual's first offense is a violent crime so that tells us all that an opportunity to intervene and address whatever issue(s) an individual may be facing early on was missed. When we reduce recidivism and the number of defendants overall, we also reduce the number of victims and build a safer and stronger Nashville for us all.

Do (or will) you have an “open file” policy regarding discovery?  Why or why not? If you (will) have an open file policy, does (would) that also apply to law enforcement agencies in your jurisdiction?  Are there exceptions to this?

FUNK: I have an open file policy. This applies to everything in our files from every law enforcement agency. No exceptions.

MYERS: I will have an “open file” policy regarding discovery. Discovery policies will apply to every person on the prosecution team, which includes law enforcement. The only exceptions would be issues that involve protective orders for the safety of victims, witnesses, and defendants.

NELLIS: Yes, generally speaking, open file discovery is necessary to ensure fair disposition of cases. However, appropriate safeguards must be established for certain cases where further harm could be caused to the victim or community.

We must work to disclose discoverable information earlier in the court process. In addition to disclosing discoverable evidence earlier, we must not overcharge cases where the elevated charge is unsupported by facts. Overcharging, particularly in victim involved cases, is detrimental to all parties involved. All too often, the expectations of victims are set entirely too high, and when cases are pleaded down in the negotiation process, or a jury determines a lesser included offense is more appropriate, then it hinders the healing process of the victim. However, when we engage victims early and often, present a variety of options for accountability that take into account the needs of the victim and the defendant, then we will reduce the likelihood of future harm and foster healing.

Do you believe bail bond reform is necessary? Are you in favor of, or against, abolishing cash bail in Davidson County? Why/why not?

FUNK: Bail serves the dual purposes of ensuring a person’s return to court and protecting public safety. Because excessive bail too often punishes people by causing needless pretrial incarceration, I have been working on bail reform since taking office in 2014. I have attached this bond matrix, which has been established by the Davidson County stakeholders. In short, no misdemeanors and no D or E felonies are required to post a cash bail. Persons charged are released immediately. The only exceptions are domestic violence, DUI 3rd offense and persons charged twice in the same week or 3 times in 60 days. The average number of misdemeanants in jail at any time who have been incarcerated over 48 hours is three. Even those individuals have bail hearings within 2 days and can have trials within 5-14 days. No one should be incarcerated pretrial for minor offenses unless there is a real public safety issue.           

As to serious felonies, because the Tennessee Constitution establishes that all non-capital offenses are bailable, eliminating cash bail would mean that violent offenders would be released and could continue to commit these offenses. For that reason, I believe that bail should continue as an option for a judge to consider, but only in cases impacting public safety.  I am also opposed to eliminating Tennessee’s right to bail. I note that in the Federal system there is no Constitutional right to bail and over 95% of defendants are incarcerated pretrial. In Nashville, less than 3% of all persons charged with a crime are incarcerated pretrial.

MYERS: Bail reform is critical for both public safety and equity. A person's wealth has no bearing on whether they are a danger to the community, and poor people should not have to stay in jail simply because they lack the resources to make bail before trial. Even if a person is a flight risk, however, risk of flight can be mitigated by a least-restrictive approach instead of incarceration. For example, pretrial and/or GPS monitoring can be used to provide alternatives to pretrial detention. These types of measures are already in place in the federal system, and they could be implemented here with modifications for state procedure in collaboration with the courts and other stakeholders. These reforms would ensure that people are not incarcerated due to wealth disparities and make our community safer by ensuring that an analysis is conducted based on a person's danger to the community and flight risk.

NELLIS: We must expand the options for pretrial services. Expanding pretrial services in conjunction with community-based supervision by an authorized organization is the best way to alleviate reliance on a cash bail system while reducing harm to the community impacted by an individual alleged to have committed a criminal offense. Authorized supervising organizations would have access to an effective screening tool, and work with the individual to address any underlying needs or trauma that may have caused that person to come in contact with the criminal justice system. The pretrial services would have to both triage and assist with either long-term planning for cases that are quickly disposed of, or establish a plan for support where cases are likely to take longer to proceed through the system. For a more in-depth answer, please visit my policy platform. 

Are you in favor of, or against, imposing a trial “penalty” or tax” on defendants who proceed to trial and are convicted?

FUNK: There is no “trial penalty” in Davidson County. MNPD makes over 60,000 arrests every year. Our courts provide 210 jury trial dates per year. By necessity, an ADA has to determine which cases receive the precious resources required in a jury trial. Most defendants receive a plea bargain offer from an ADA which could resolve the case for less than the sanction that person would receive after a trial. ADAs do not ask for additional penalties for a defendant convicted at trial just because they exercised their Constitutional right, but these defendants sometimes end up with stiffer sanctions than had they taken their plea offer.

MYERS: I do not impose trial "penalties" or "taxes" of any kind. The charging decisions I make are based on the evidence available and what is fair and reasonable to charge. As District Attorney, my Office will have a standing policy regarding charging decisions to discourage the kind of over-charging and imposition of trial taxes for defendants who choose to exercise their Constitutional right to a trial.

I am also against court fines and fees in most cases. Those fees add up quickly and pose a huge barrier to the person reentering the community following the completion of his/her sentence. When I served on the board of Thistle Farms, I organized expungement clinics, which also included getting courts to reduce or dismiss fines and fees associated with the women’s' convictions. People who have already served their time should not be faced with additional financial barriers. Instead, I will form the office's first Restorative Justice Unit, which will help ensure that people transitioning back into society from incarceration have the resources they need to be successful, which includes reducing barriers to success, so that they don't reoffend.

NELLIS: Individuals have a right to a jury trial and a trial "tax" or "penalty" is contrary to that right. Further, plea deals should not be conditioned upon the waiver of a preliminary hearing, the right to seek pretrial release or to discovery, or to litigate constitutional violations.

Will you (or do you) have a policy regarding the disclosure of exculpatory evidence?  If so, do you think that policy applies to impeachment information?  Mitigation? Do you think exculpatory, or any other evidence should be turned over in General Sessions court?

FUNK: Exculpatory information must be turned over to the defense as soon as it becomes known to the State. This applies to impeachment information and mitigation, and even in General Sessions. This is consistent with my open file policy.

MYERS: In addition to having an "open file" policy, all Brady material will be required to be turned over from all members of the prosecution team, including law enforcement discovery.  This includes impeachment materials and information that could help the defense. Given the complexities of many cases, full discovery is not realistic in General Sessions court given the short turnaround and full dockets but given that I will be pursuing bail reform and that fewer people will be detained pending trial, there will be ample time for discovery while the person is free and awaiting trial in criminal court.

NELLIS: One of the primary tenets of my platform is transparency which is necessary to restore trust in the Office and the Criminal Justice System. As stated above, discoverable information should be made available as early as possible. This includes exculpatory evidence. No attorney wants "bad facts" in their case, but we do not control the facts. What we do control are the policies and procedures that are put in place, and the adherence to those policies and procedures, to ensure that the rights of all parties remain intact and that the public we serve can trust the outcomes.

Are (or will) Assistant District Attorneys General free to negotiate their own cases, or will they be subject to policies that dictate limits on their plea offers?  If so, what are those limits or what will those limits be?

FUNK: ADAs have discretion to negotiate their cases. Team leaders are available to support, advise and train younger ADAs. With the caseload coming through this office, I have to hire people with good judgment, support them with good training and allow them to do their jobs. I am also available for any ADA to discuss a case and I am also available if a defense attorney would like me to participate in case discussions.

MYERS: Prosecutorial discretion is crucial, and I will rely on the judgment of my ADAs and serve as support for them when there are issues. There will be some policies in place for general consistency, such as the handling of non-violent offenses, which will be diverted to the appropriate diversion court or the Restorative Justice Unit that will tailor non-incarceration-based resolutions for cases involving addiction, mental health, issues facing the unhoused, and other issues that should be addressed at the root cause rather than focused on mere punishment, which often results in recidivism. Catch and release does not work. Resolution of cases will be solutions-based.

NELLIS: One of the four principles upon which my platform is built is "restoration." What that means is that we must not only expand the options for restorative justice programs, but restoration must become the ethos of the Office. We must ask of every case - What does accountability look like in this case? What will reduce harm? What will foster healing? This is restoration and this is how we build a safer and stronger Nashville for all of us. What we know is that the status quo - what has always been done- is not working. We must hold people accountable for their behavior and choices in a way that truly fosters healing and harm-reduction, or we will continue to find ourselves in the exact same situation we are in now - a revolving door criminal justice system where root causes are not addressed, where victims’ voices are not heard, and where the community is detached from the court (and vice versa). Nashville deserves better and we can do better!

Do you believe there are racial and ethnic disparities within the criminal justice system? If so, what can the District Attorney General's Office do to address those disparities?

FUNK: There are racial, ethnic and socio-economic disparities in the criminal justice system. I have hired a diverse team of ADAs that reflect our community. I have increased diversity in the ranks of ADAs from 3% in 2013 to 28% now. Leadership is now 33% people of color and 25% LGBTQ.  Females now make up slightly more than 50% of the leadership in the office. I look to end disparities in charging, convicting and incarcerating individuals.  I no longer prosecute possession under one half ounce of marijuana which saw a troubling disparate impact while having little impact on public health and no impact on public safety. I not only do not prosecute the crime of poverty of Driving on a Revoked License, I work with Sheriff Hall to help people get their licenses reinstated.  I am proud that with innovations like bail reform, mental health diversions, treatment courts and eliminating needless probation, we have reduced the average daily inmate population in our jail from 3151 per day in 2013 to 1510 last year. This decrease saves taxpayers $50 million in incarceration costs per year. More importantly it reduces disparities and allows 1600 people per day to be home with their families and going to work tomorrow. Disparities exist, but with a diverse team committed to both public safety and fairness, the Nashville DA’s office is making significant progress.

MYERS: There are absolutely racial and ethnic disparities within the criminal justice system. Just last year, MNPD reported that approximately 80% of homicide victims were people of color. Further, zip code 37208, which is largely comprised of people of color, is the most incarcerated zip code in our entire country. I would be the first District Attorney with a civil rights background.  In order to understand exactly where disparities are in our system, which includes decision points from arrest all the way through sentencing, I will conduct the first civil rights criminal justice audit of Davidson County. The audit will include an analysis of treatment based on race, nationality, sexual orientation, religion, and gender. We need to understand precisely where the disparities are in our own system before we can begin to address them from a systems level. Once we understand the precise cause of different disparities, we can address them effectively. I will also continue to train law enforcement on violence prevention and hate crime identification, trainings that I have been conducting with the Department of Justice already. I will work to ensure that these trainings are mandatory and continuous for all state and local law enforcement, including corrections officers, in our county.

NELLIS: Yes, both statistically and anecdotally, we know that minority and marginalized communities are over-represented in the criminal justice system based on arrest data. However, we are currently unable to state with specificity the outcomes of cases by Judge, ADA, Magistrate, Defense Attorney, etc. We must analyze the available data to understand the outcomes and then implement training and corrective actions to address identified biases or inconsistencies. 

With significant experience in the diversity, equity and inclusion space, and a balanced professional background as a Solo Defense Attorney, Prosecutor, and Judicial Law Clerk, I know that we can move the Office forward based on the analyzed data and with a focus on putting people first in prosecution.

— Candidates interested in participating in a future survey should reach out to Joy Longnecker and Jarod Word.