Opinion: A tribute to a transparency titan

The memorial service for Joseph Terrance “Terry” Francke wasn’t anywhere elaborate — it was in a casual restaurant.

There, he was honored by a wide cross-section of people from across the state for his work on behalf of the First Amendment and transparency in government. 

By happenstance, the eatery was just blocks away from the weekend “No Kings” protest in Sacramento.

It was something his daughter Emily thought was appropriate, given her father’s lifetime of speaking out for the “little guy,” whether as a young U.S. Marine sergeant, or an attorney nationally known for his unrelenting advocacy for open government.

His son Andy said his father “certainly didn’t like bullies. He didn’t like people who had exercised power over the people improperly and without accountability.”

In the United States Marines, that manifested itself in his concern about the legal counsel provided to a fellow Marine, and the groundbreaking advocacy work he did professionally on behalf of citizens and the media.  

Donna Frye, the former San Diego City Council member and longtime advocate for transparency in how the city transacts the people’s business, said that Francke was the key proponent and reason that a state proposition (Prop 59) and local ballot measure (Prop D) won overwhelming support, which “amended the state Constitution and made public access to records and government meetings a civil right of every Californian.”

“If there are lawyers in heaven,” she said, “Terry is one of  them.”

My first encounter with the crusading First Amendment attorney is memorable for what I encountered and would discover over the next 20-plus years of my career.

I was on the night news desk at 10News, with a problem I had to deal with immediately. Shopping center security personnel were stopping our crew from entering the center. Police radio traffic had alerted us to a robbery inside the center.

The laws on access to a shopping center were in flux at that time. I had excellent attorneys, both at the corporate level in New York City and locally with a top-of-the-line First Amendment legal team. But that night, I couldn’t connect with anyone.  

This was before the internet, so my options were limited.  What saved me was a copy of the Society of Professional Journalists’ official publication (“Quill“) sitting in my nearby magazine pile. The front page was about finding resources for journalists looking for help, as not everyone could afford the services of high-end attorneys.  

Inside the cover I found Terry Francke’s phone number, provided along with a story about finding legal help for journalists.  Amazingly, it was his personal phone and just as amazingly, he answered it and spoke with me. When I got over my surprise, I told him about our predicament and Francke laid out the best course of action. 

It worked.   

I was impressed, and continued to be over the years, as I found out more about the graduate of the University of Notre Dame in South Bend, Indiana, and his life as a journalist, lawyer and advocate.

At the memorial service, both his son and daughter spoke of his life shaped by a Catholic education. He had at one point considered the seminary. Instead, Francke would become part owner of the Ceres Courier newspaper in Ceres, CA, serving as editor, reporter and photographer.   

After switching gears and getting his law degree, he would become one of the most influential attorneys in California as the general counsel of the California News Publishers Association, as well as for the First Amendment Coalition.  In the same timeframe, he was principal author of San Francisco’s open government law.

I was impressed with such a track record and surprised and grateful when I was invited to join the birth of Californians Aware (CalAware), which Francke co-founded with citizen advocate Rich McKee. Frye was also asked to be part of the launch, and we both served for years with Francke as our general counsel and inspiration.

CalAware was created to educate students, journalists, citizens,  police and politicians about open government law. I believe it was the touchstone of Francke’s career in his lifelong efforts advocating for and pursuing accountability in government. 

His work might be best captured in this quote from editor Miriam Raftery, who said of Francke: “His advice over the years to East County Magazine was extremely valuable, often resulting in public boards reversing illegal actions and improving public access.”