IN THE

CHANCERY COURT FOR THE STATE OF TENNESSEE

TWENTIETH JUDICIAL DISTRICT, DAVIDSON COUNTY, PART III
AT NASHVILLE

CLATA RENEE BREWER, et al.; )

) ' :'V
Petitioners, )
I'O
) ':

"
vs. ) Case N o. 23-0538-III
)
Respondent, ) CONSOLIDATED?
) "controlling case*lf'§: '
PARENTS OF MINOR COVENANT )
STUDENTS JANE DOE AND JOHN DOE; )
THE COVENANT SCHOOL; and )
COVENANT PRESBYTERIAN CHURCH )
)
Intervenors. )

DISTRICT ATTORNEY GENERAL GLENN R. FUNK'S AMICUS CURIAE BRIEF IN

SUPPORT OF DEFINING PARENTS OF MINOR COVENANT STUDENTS, THE
COVENANT SCHOOL AND COVENANT PRESBYTERIAN CHURCH AS VICTIMS

Davidson County and Metropolitan Nashville District Attorney General Glenn R. Funk

respectfully submits this amicus curiae brief in order to provide constitutional and statutory context

for defining who qualifies as a victim.

General Funk has been the District Attorney General in Nashville since September l, 2014.
Under his leadership, the Office of the District Attorney General is committed to public service,

fairness and justice for all. The Office focuses on prosecuting violent crime in Nashville and

protecting and supporting vulnerable victims.

STATUTORY DEFINITION OF VICTIM

Tennessee Code Annotated §40-3 8-203(1) defines a victim as an individual who suffers

direct or threatened physical, emotional or financial harm as the result of the commission of a

crime or an immediate family member of a minor victim or a homicide victim.

 CONSTITUTIONAL RIGHTS AFFORDED T0 VICTIMS

Article 1, §35 of the Tennessee State Constitution describes the rights afforded to crime

victims in Tennessee. It provides:

To preserve and protect the rights of victims of crime to justice and due process, victims
shall be entitled to the following basic rights:
1. The right to confer with the prosecution.
2. The right to be free from intimidation, harassment and abuse throughout the criminal
justice system.
3. The right to be present at all proceedings where the defendant has the right to be
present.
4. The right to be heard, when relevant, at all critical stages of the criminal justice process
and defined by the General Assembly.
5. The right to be informed of all proceedings, and of the release, transfer or escape of the
accused or convicted person.
6. The right to a speedy trial or disposition and a prompt and final conclusion of the case
after the cOnviction or sentence.
7. The right to restitution from the offender.
8. The right to be informed of each of the rights establishedfor victims.

COMPENSATION AVAILABLE TO CRIME VICTIMS

A victim of crime may be eligible for compensation pursuant to the Criminal Injuries

Compensation Act of 1976. The Act outlines who may be eligible for compensation in Tennessee

Code Annotated §29-13-105:

(a) Except as otherwise provided, the following person or persons shall be eligible for
compensation pursuant to this chapter:
(1) A victim of a crime;
(2) In the case of the death of the victim, a dependent of the victim;
(3) In the case of the death of a victim, where the compensation is for unreimbursed or
unreimbursable mental health counseling or treatment made necessary by the death
of the victim, a relative of the victim;
(4) In the case of the death of the victim, where the compensation is for unreimbursed
or unreimbursable funeral or burial expenses, to:
(A) The legal representative of the estate of the victim; or
(B) If no estate of the victim is opened, to:
(i) A relative of the victim as defined in §3 9-1 3-1 02;
(ii) The victim's aunt, uncle, or cousin; or
(iii) An individual related to the victim by blood;
 (5) In the case of the personal injury of the victim, where the compensation is for
expenses incurred by any person responsible for the maintenance of that victim, to
that person.

While the Office of the District Attorney General does not represent victims as their lawyer,

see State v. Johnson, 538 S.W.3d 32, 55-56 (Tenn. Crim. App. 2017), it is committed to protecting

the rights of victims and ensuring their voices are heard. Since learning it was the Petitioners'

position that parents of Covenant victims, the Covenant School, and Covenant Presbyterian

Church are not victims in this case, General Funk believes it is his duty to correct this misstatement

of the law. It is imperative to recognize each of these parties as victims so as not to abridge their

constitutional and statutory rights, which may entitle them to compensation.

CONCLUSION

As the District Attorney General of the 20'" Judicial District in Nashville and Davidson

County, General Funk is well versed in criminal law, and especially regarding the rights afforded

victims by the Victims Rights Amendment to the Tennessee Constitution and the Criminal Injuries

Compensation Act. General Funk urges the Court to find all students of Covenant School, as well

as their families and all school staff are victims under the Constitution and statutes of the State of

Tennessee.

Respectfully Submitted,

QM? Hal,
Glenn R. Funk
buwusswwifii
Tenn. Sup. Ct. Reg. No. 0101492
District Attorney General
20m Judicial District
222 Second Avenue North, Suite 500
Nashville, TN 37201
 CERTIFICATE OF SERVICE
I hereby certify that a true and exact copy of the foregoing document has een served, via
the method(s) indicated below, on the following counsel of record, this the th day of June,
2023.

( ) Hand Douglas R. Pierce (#010084)

() Mail KING & BALLOW
( ) Fax 315 Union Street, Suite 1100
( ) Fed. Ex. Nashville, TN 37201
(x) E—Mail (615) 259-3456
dpierce@kingballow.com

Counsel for Petitioner, Clata Renee Brewer

( Hand John J. Harris III (#12099)

Mail) SCHULMAN, LEROY & BENNETT, PC
( ) Fax 3310 West End Avenue, Suite 460
( ) Fed. Ex Nashville, TN 37201
) E—Mail (615) 244-6670
jharris@slblawfirm.com

Counsel for Petitioners, James Hammond and

Tennessee Firearms Association, Inc.

( ) Hand Wallace W. Dietz, Director, Dept. of Law

( ) Mail Lora Fox
( ) Fax Cynthia Gross
( ) Fed. Ex. Phylinda Ramsey
(x) E—Mail METROPOLITAN GOVERNMENT OF
NASHVILLE & DAVIDSON COUNTY
Metropolitan Courthouse
l Public Square, Suite 108
Nashville, TN 37210
(615) 862-6341
wally.dietz@nashville. gov
lora.fox@nashville. gov
cynthia. gross@nashville. gov
phylinda.ramsey@nashville. gov

Counsel for Respondent

()Hand Rocklan W. King III
() Mail F. Laurens Brock
()Fax ADAMS AND REESE LLP
( ) Fed. Ex. 1600 West End Avenue, Suite 1400
(x) E-Mail Nashville, TN 37203
rocky.l<ing@arlaw.com
larry.brock@arlaw.com

Counsel for Covenant Presbyterian Church

( ) Hand Peter F. Klett

( ) Mail Autumn L. Gentry
( ) Fax DICKINSON WRIGHT PLLC
( ) Fed. Ex. 424 Church Street, Suite 800
(x) E—Mail Nashville, TN 37219
pklett@dickinsonwright.com
agentry@dickinsonwright.com

Nader Baydoun
BAYDOUN & KNIGHT, PLLC
5141 Virginia Way, Suite 210
Brentwood, TN 37027
nbaydoun@baydoun.com

Counsel for The Covenant School

( ) Hand Nicholas R. Barry

( ) Mail America First Legal Foundation
( ) Fax 611 Pennsylvania Avenue, SE #231
( ) Fed. Ex. Washington, D.C. 20003
(x) E-Mail nicholas.barry@aflegal.org

Paul J. Krog
Bulso PLC
155 Franklin Road, Suite 400
Brentwood, TN 37027
pkrog@bu1so.com

Counsel for Petitioners, Michael Patrick Leahy and

Star News Digital Media, Inc.
( ) Hand Richard L. Hollow
( ) Mail Hollow & Hollow, LLC
( ) Fax P.O. Box 22578
( ) Fed. Ex. Knoxville, TN 37933
(x) E-Mail rhollow@hollowlaw.com

Counsel for Petitioners, The Tennessean, Rachel

Wegner, and Todd Gardenhire

( ) Hand David L. Raybin (#003385)

( ) Mai1 Raybin & Weisssman P.C.
424 Cllurch Street, Suite 2120
( ) Fax
Nashv1lle, TN 37219
( ) Fe d. EX
(615) 256-6666 telephone
—

(X) E'Mall
_

(615) 254—4254 fax

—

draybin@nashvilletnlaw.com

Counsel for Ronald and Norma Hale

( ) Hand Eric G. Osborne

William L. Harbison
( ) Mail
Christopher C. Sabis
( ) Fax C. Dewey Branstetter)
( ) Fed. Ex Ryan T. Holt
Micah N. Bradley
(X) E_Mai1
Frances W. Perkins
Hunter C. Branstetter
William "D. Pugh
Sherrard Roe Voigt & Harbison, PLC
150 Third Ave South, Suite 1 100
Nashville, TN 37201
(615) 742-4200 telephone
—

(615) 742-4539 fax

—

eosbome@srvh1aw.com
bharbison@srvhlaw.com
csabis@srvh1aw.com
dbranstetter@srvh1aw.com
rholt@srvh1aw.com
mbradley@srvhlaw.com
fperkins@srvhlaw.com
hbranstetter@srvhlaw.com
wpugh@srvhlaw.com
Edward M. Yarbrough (#004097)
Sara D. Naylor (#03 7533)
Spencer F ane LLP
511 Union Street, Suite 1000
Nashville, Tennessee 37219
(615) 23 8-6300 telephone
—

(615) 238-6301 fax

—

eyarbrough@spencerfane.com
snaylor@spencerfane.com

Hal Hardin
Hardin Law Office
211 Union Street, Suite 200
Nashville, TN 37201
615.369.3377
hal@hardinlawoffice.com

Counsel for the Covenant School Parents

/s/Q1lum K Emil. in WMtSSIbVl 146"-

Glenn R. Funk, District Attrfiiley General