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ROBERT L. SPANGENBERG - Biography
EDUCATION
- LL.B., Boston University School of Law, Editor-in-Chief, 1961, Law Review
- B.S.,
Business Administration, Boston University School of Business, 1955
THE SPANGENBERG GROUP, 1001 Watertown Street, W. Newton, MA 02465
- President
(1985-present). Provide technical assistance, program evaluation,
research and other consultant services on legal and court-related
topics to government agencies (both state and local) and private
organizations.
- Project
Director, responsible for the administration, management and research
of the following projects:
For the American Bar Association, Bar Information
Program -- a project to provide technical assistance to local jurisdictions
for purposes of improving their indigent defense system. This project
assists state and local bar associations, judges, court officials, public
defenders, private attorneys and funding agencies in their efforts to
improve their indigent defense system. Technical assistance has been provided
in all 50 states. Work has included assisting state commissions reviewing
their indigent defense system, providing cost analysis of alternative
delivery systems, developing written indigency standards and assisting in
the design of special projects to provide defense counsel in death penalty
cases. (1985-present)
For the American Bar Association - Special Committee
on Funding the Justice System. This project of the American Bar
Association gathered data on the funding needs of all components of the
Justice System (civil and criminal) and assisted local and state
jurisdictions in obtaining balanced and adequate funding. The Spangenberg
Group served as staff to the Committee in all aspects of its work.
(1991-1994)
For Texas Appleseed In 2000, Mr. Spangenberg
headed up the first-ever comprehensive study of indigent defense services
in Texas. In the summer of 2000, TSG traveled to 23 counties in Texas to
interview hundreds of people who are involved first-hand with the state’s
indigent defense system, including judges, private attorneys, public
defenders, prosecutors, county officials, defendants, community leaders,
and court and jail personnel. Also while on-site, TSG collected information
from the sample counties concerning indigent defendant caseload and
expenditure, mechanisms for appointment of counsel, compensation schedules
for court-appointed attorneys, and other relevant materials. The findings
were documented in a report published in December 2000. The work done
developing the report has served as a catalyst for a major legislative
overhaul of indigent defense in Texas.
For The New York Legal Aid Society (LAS) - From 1995 - 1999, Mr.
Spangenberg devoted considerable time consulting with the top management of
LAS, and with three of its seven divisions: the Criminal Defense Division
(CDD), the Criminal Appeals Bureau (CAB) and the Juvenile Rights Division
(JRD). Mr. Spangenberg has provided expert technical assistance developing
workload and staffing models for CDD and CAB to help the divisions weather
three successive and dramatic budget reductions. In addition, he worked on
extensive overviews of CAB and JRD which offered recommendations on ways to
improve productivity and practice. (1995 - present)
For the Florida
Public Defender Association - Study to Examine Trial and Appellate Public
Defender Services in the State of Florida.
This study involved extensive site visits to each of Florida's 20
judicial circuits and resulted in the publication of a report profiling the
state's public defender program and making recommendations for improving
the program, with particular emphasis on improving the program's funding
formula. (1995-1996)
For the Louisiana Supreme Court. In 1992, the Chief Justice of the
Louisiana Supreme Court appointed a Task Force on Indigent Defense to
review the entire program in Louisiana. The Spangenberg Group conducted this review and presented its
findings and recommendations to the Task Force, which endorsed the
recommendations to the Chief Justice. In July 1994, the Louisiana Supreme
Court, by court rule, created a new indigent defense system based upon the
recommendations of The Spangenberg Group report. (1992-1994)
For the State Bar Association and Other Legal
Organizations in Tennessee. A comprehensive analysis of the cost, caseload and
program operation of all indigent defense programs in Tennessee. The
report generated by the study became part of a petition that the State Bar
filed with the Tennessee Supreme Court and in August 1994, the Tennessee
Supreme Court adopted by rule a new system for indigent defense in Tennessee
designed to be cost efficient and to provide high quality representation.
In doing so, the Tennessee Supreme Court followed the recommendations
contained in The Spangenberg Group report. (1991-1994)
For the Nebraska Supreme Court Indigent Defense Task Force. A statewide
study of indigent defense services overseen by a 36-member task force
appointed by the Chief Justice of the Nebraska Supreme Court. (1992-1993)
For the State of Connecticut to "Reduce State Expenditures and Improve the
Efficiency of the Judicial Department Division of Public Defender Services,
the Division of Criminal Justice and the County Sheriffs". The Spangenberg Group participated with the
National Center on State Courts and Maximus Inc. in conducting this
legislatively mandated study of each of the components of the state
criminal justice system. The study resulted in a number of recommendations for
cost efficiency and administration to be instituted by these agencies.
(1991)
For the Chief Justice of the California Supreme
Court and the California Judicial Council. A nationwide study of fees
and expenses available to private counsel in capital cases at direct
appeal, state post-conviction and federal habeas corpus. (1990-1991)
For the Minnesota State Legislature. A 16-month
study of the State Public Defender and its ten Judicial District Offices in
Minnesota to determine time currently spent on public defender cases
through a three-month day-to-day time-keeping study. This study resulted in
a new set of caseload/workload standards for the program statewide.
(1989-1991)
For the Wisconsin State Public Defender. A study
of caseload/workload measures for the Wisconsin State Public Defender which
led to the development of new caseload/workload standards. (1989-1991)
For the Ford Foundation. A study which assessed
the pro bono activities of senior lawyers and large law offices and
determined the level of interest in expanding their activities. The senior
lawyer survey was mailed to 2,000 attorneys throughout the country, to
members as well as non-members of the American Bar Association. The large
law office survey was mailed to the 500 largest law offices in the country.
(1990-1991)
For the State Justice Institute. This research
study examined efforts to contain costs of indigent defense services within
the context of the entire criminal justice system. The research was
conducted in Oregon and Washington states under the auspices of two
statewide blue ribbon commissions. In Oregon, the commission was
established jointly by the President of the Senate and the Speaker of the
House. In Washington, it was created by the Lieutenant Governor. Both
commissions contained representatives of each branch of Government and key
leaders of all criminal justice agencies. (1989-1991)
For the Georgia Criminal Defense Lawyer's
Association and the ACLU of Georgia. A statewide study of the indigent
defense system in Georgia with a research plan designed to obtain cost,
caseload and program characteristics of indigent defense delivery in each
of Georgia's 159 counties. (1987-1990)
For the New York State Bar Association. This
study assessed the civil legal needs of the poor in New York State and
utilized a methodology which included an extensive telephone survey; a mail
questionnaire to public and private legal providers; and site visits
throughout the state. (1987-1989)
For the Oklahoma State Bar. A study gathering
comprehensive data on the entire indigent defense system in each of
Oklahoma's 77 counties through questionnaires to each program in the county
and individual questionnaires to judges, prosecutors, public defenders and
private attorneys seeking to join information on the strengths and
weaknesses of the systems and recommendations for improvement. (1987-1988)
For the State Court Administrator, Judicial
Department, Supreme Court of Oregon. This 10-month study attempted to
gather data on the indigent defense system in each of Oregon's 36 counties.
The project also presented various alternatives for improving the current
system in Oregon in the most cost efficient manner consistent with quality
representation. (1987-1988)
For the Bureau of Justice Statistics, U.S.
Department of Justice. This project was designed to update the 1982
National Criminal Defense Systems Study conducted for BJS from 1981-1984.
The data elements updated were expenditures, caseload and systems
description. (1986-1988)
For the Massachusetts Trial Court -- a project to
assess the operation of the total probation system in Massachusetts.
Under subcontract to the Massachusetts Council for Public Justice, Inc.,
The Spangenberg Group was responsible for all aspects of the research.
Among the important issues addressed were: (1) the clarification of
probation's mission within the justice system; (2) major organizational and
structural issues (3) management; and (4) methods and procedures for
providing optimal services for clients and the justice system. (1986-1987)
For the State Public Defender Commission of Ohio --
a statewide study of indigent defense services in municipal and county
courts throughout Ohio's 88 counties. This project assessed
requirements for misdemeanor representation throughout the entire state.
Methodology included a mail questionnaire to all programs providing
misdemeanor representation to indigent defendants; an individual mail
questionnaire to judges, public defenders, private attorneys, prosecutors
and probation officers; and extensive on-site review throughout the state.
(1986-1987)
For the County of Los Angeles Countywide Criminal
Justice Coordination Committee -- a study to review the policy of the Los
Angeles County Public Defender's office in conflict of interest cases.
This project reviewed the conflicts policy of the Los Angeles County Public
Defender's Office. It consisted of a legal analysis of California law in
conflicts cases; a survey of all large public defender offices in
California; an analysis of cost and caseload data in conflicts cases and an
on-site assessment of the handling of conflict cases throughout the county.
(1985-1986)
- Research
Director, responsible for research on the following projects:
For the Colorado State Public Defender -
Caseload/Workload Study of Trial Cases. A year-long study of the State
Public Defender and its 18 regional offices in Colorado to determine time
currently spent on public defenders through a three-month day-to-day
time-keeping study. This study resulted in a new set of caseload/workload
standards for the program. (1995-1996)
For the Illinois Lawyer's Trust Fund, the Chicago
Bar Association and the Illinois State Bar Association. This
jointly-sponsored study assessed the civil legal needs of low-income
residents throughout the state. The methodology included an extensive
randomly selected telephone study of 1900 low-income residents; a mail
questionnaire to all present providers, both public and private; and site
visits throughout the state. (1987-1989)
For the Massachusetts Legal Assistance Corporation,
the Massachusetts Bar Association and the Boston Bar Association -- a
project to assess the civil legal needs of Massachusetts low income
citizens. This jointly-sponsored statewide study assessed the civil
legal needs of Massachusetts low- income residents and resulted in the
design of a plan of action to improve the existing service delivery system.
The methodology of the study included: (1) a scientifically designed
telephone survey of 1200 low income residents; (2) a mail survey of all
service providers (including public and private attorneys); (3) a three
month on-site assessment; and (4) public hearings throughout the state.
(1986-1987)
EXPERIENCE WITH ABT ASSOCIATES INC.
- Deputy
Area Manager for the Law and Justice Area (1981-1984). Responsible for
the administration of area-wide personnel management and labor
allocation, staff support, recruiting and corporate reporting. Also
responsible for providing technical direction and supervision for state
and local project development.
- Project
Director. Responsible for all aspects of management and
administration, including overall coordination of data collection and
substantial involvement in preparation of the final report. Project
Director on the following studies:
For the Bureau of Justice Statistics, U.S.
Department of Justice -- a project to conduct a national survey of indigent
defense services and costs. This project collected statistics from 718
counties throughout the country to profile in each state information on
existing indigent defense services including expenditures, caseload and
program characteristics. The project created the first national database
since 1973. The study was successful in providing a sound basis to achieve
greater efficiency and effectiveness in the constitutionally mandated
requirement of effective assistance of counsel. The report has been used
extensively by policymakers in many states concerned about improvements in
their local system. (1981-1985)
For the National Institute of Justice, U.S.
Department of Justice -- a project entitled Maximizing Public Defender
Resources. This study reviewed innovative practices of a number of
public defender programs around the country which had developed unique and
useful methods to cope with a rising caseload in times of fiscal
constraints. The final report identifies a number of innovative practices
and methods including the use of paralegals; early representation; vertical
representation; team management; methods of limiting caseload;
caseload/workload standards; and the use of innovative computers and
management information systems. (1981-1985)
For the Massachusetts Trial Court -- a project to
conduct an evaluation of the Massachusetts Court Clinic System. This
legislatively mandated study involved an assessment of mental health
services to each of Massachusetts' 103 trial courts. The methodology
included an extensive mail survey to defense counsel, judges, probation
officers and providers of mental health services to the courts in both
civil and criminal matters, and substantial site work. The final report
provided descriptive information on the current services being provided in
Massachusetts, data on both cost and caseload and a series of
recommendations designed to improve the system throughout the state.
(1984-1985)
For the Los Angeles County Public Defender's Office
-- a project to determine the feasibility of expanding the paralegal
program. This project was designed to assess the paralegal program in
the public defender's office and to conduct a cost analysis of the then
current use of paralegal staff. The study included a literature review of
the current use of paralegals within the legal field across the country;
analysis of cost and caseload data; and a full site visit to review
firsthand the operation of the paralegal program. The final report
describes the program in action and develops a series of cost estimates for
expanded use of paralegals in more than 20 functions within the office.
(1984-1985)
For the National Institute of Justice, U.S.
Department of Justice -- a study to assess the effective use of indigency
standards and cost recovery methods in criminal cases around the country.
This study looked at effective programs around the country which have
developed both comprehensive eligibility standards and cost recovery
methods. The final report examines a series of issues including
constitutional concerns, eligibility screening, cost recovery procedures in
recoupment and contribution programs, and sets out a series of
recommendations for those jurisdictions concerned about improving these
methods in a manner consistent with the due process rights of indigent
defendants. (1983-1985)
For the Virginia Bar Foundation -- a project to
conduct an analysis of costs for court appointed counsel in Virginia.
This study was undertaken on behalf of the Virginia State Bar and the
Virginia Bar Foundation to assess the costs of indigent defense services in
Virginia and to provide cost data for several alternative increased fee
proposals. The final report outlines the history of the right to counsel in
Virginia; the legal requirements for compensation of the private bar;
detailed cost and caseload analysis; and a set of cost projections based
upon several alternative proposals for increased fee levels. (1984-1985)
For the Governor's Office, the Division of Public
Safety Programs, Office of Criminal Justice Programs of the State of South
Carolina. This project developed a comprehensive description of the
current system of providing defense services to indigents, a detailed
assessment of the problems with the current system in meeting the legal
requirements of the 1977 Defense of Indigents Act and recommendations for
the funding of indigent defense services. A follow-up study developed a
cost estimate of implementing a statewide system. (1981-1982)
For the Adjudication Division, Office of Criminal
Justice Programs (OCJP) of LEAA – a project to provide technical assistance
to criminal defense agencies across the country. The purpose of this
contract was threefold: (1) to provide expert, consultative services to
state and local agencies in response to requests for such assistance. This
form of assistance ranged from large state systems studies to smaller,
individual requests by local defender agencies; (2) to play an instrumental
role in the development and implementation of national discretionary
programs supported by OCJP, insofar as they relate directly to the
improvement of legal defense delivery systems; (3) to prepare written and
other materials on subjects selected by the Government Project Monitor for
use by representatives of local defense agencies, planning entities, bar
groups and others interested in indigent defense delivery system
improvement. The project responded to over 100 requests in 42 states.
(1979-1982)
For the Department of Youth Services -- a project to
evaluate the Department of Youth Services' Female Offenders Program.
This project involved three main tasks: (1) review of state-of-the-art
literature on legislation, criminal justice policy, and program options
relevant to female juvenile delinquents; (2) preparation of a guide to
program development; and (3) evaluation and cost analysis of three
Massachusetts programs for female juvenile delinquents. (1979-1981)
For the Massachusetts Committee on Criminal Justice
-- a diagnostic study of CHINS (Children in Need of Supervision),
designated status offenders in the Commonwealth of Massachusetts. The
objectives of the study were to: trace the development and history of the
CHINS program; analyze the statewide CHINS population; analyze how the
CHINS process is implemented on a region-by-region and court-by-court
basis; provide a survey of social service providers and analysis of service
gaps; perform a legal analysis of the CHINS legislation and proposed
amendments; perform a cost analysis of current costs and implications and
changes in the service delivery network. (1977-1978)
- Co-Principal
Investigator (1984-1985). Researched and developed an analysis of the
use of medical examiners in criminal cases throughout the country. The
study looked at the professional qualifications, the legal authority
and the responsibilities of medical examiners in each of the 50
states.
- Co-Principal
Investigator (1981). Prepared a program test design on Early
Representation which was applied in field tests in three public
defender offices around the country. The design tested the value of
early entry by counsel both on behalf of the client and for its
effects upon the whole criminal justice system.
- Principal
Investigator (1979). Prepared a program test design on Structured Plea
Negotiations which was applied in field tests in various courts of
general trial jurisdiction around the country. The principal program
elements included a structured conference; attendance by victim and
defendant; and active participation by the judge.
- Senior
Research Associate (1979). Researched and developed a validated
program design on jury utilization and management, incorporating the
experience of 18 LEAA-funded demonstration programs and results of a
comprehensive program evaluation on 10 demonstration sites.
For the National Institute of Justice, a project to
develop synthesis of research findings for dissemination to the criminal
justice community. This project involved four types of tasks in support
of the Institute's Program Development Process: (1) assessing the
programmatic implications of one or several related research or evaluation
studies and presenting the findings in formats suitable for practitioner
audiences; (2) developing "Program Models" documents which
provide an overview of the state-of-the-art in a given program area and
identifying options for the development of new programs; (3) preparing designs
suitable for testing the effectiveness of selected programs and their
transferability to other jurisdictions; and (4) developing replication
guides based on the results of field test experiences.
- Senior
Research Analyst (1976-1977). Responsible for conducting interviews
with state officials and juvenile court judges; site visits to
juvenile institutions; writing of final report.
For the U.S. Department of Justice, Law Enforcement
Assistance Administration -- a contract to assess the Pennsylvania Reintegrating
Officers Project for Youth. This was an extensive assessment of a
juvenile justice project designed to provide alternatives to correctional
institutionalization for serious juvenile offenders. The objectives of the
project were to remove juvenile offenders from the Camp Hill institution
and place them in regional residential facilities, and to provide community
based treatment for youth who would have been placed in Camp Hill prior to
the development of new services. A detailed assessment of the project's
history and an evaluation feasibility report were produced.
- Senior
Analyst (1979). Conducted an assessment of the California Judicial
Education Program which provides training each summer for all new
judges appointed to the court system over the previous year.
For the National Institute of Law Enforcement and
Criminal Justice, LEAA, a project to validate and document criminal justice
programs proposed as exemplary projects. This project has involved:
conducting short-term validation studies of projects which appear to be
either successfully reducing crime or improving the administration of
justice; documenting selected projects through the preparation of
operational manuals and briefing materials; and for one project, conducting
nationwide training workshops to assist local criminal justice planners in
developing and operating similar programs.
- Senior
Analyst (1979). Conducted a study of the use of state grand juries in
criminal cases throughout the country. The emphasis of this report was
on new and innovative practices in grand jury practices. The report
includes a 50-state analysis of legislation in grand jury procedures.
- Senior
Analyst (1978). Conducted a review of the Economic Crime Unit of the
Connecticut State Attorney General's Office to assess the
effectiveness of the unit and to provide a series of recommendations
for improvement.
- Senior
Analyst (1977). Responsibilities included directing research and field
work as well as writing and supervising the preparation of a monograph
on the Illinois Court Watching Project and the Court Monitoring
Project of New York.
- Senior
Analyst (1976). Conducted an assessment of an experimental program in
Wayne County, Michigan, designed to improve the jury system by
requiring all registered voters to participate in the new one day/one
trial system. The program subsequently replaced the 30 day requirement
previously in effect.
OTHER PROFESSIONAL EXPERIENCE
Boston Bar Association, Boston, Massachusetts
- Executive
Director, Action Plan for Legal Services (1975-1976). Designed and
administered a comprehensive research project analysis of the legal
needs of low-income residents of Massachusetts and proposing new
methods and procedures for delivering comprehensive legal services.
Resulted in publication of two volumes, one for civil and one for
criminal delivery systems.
Boston Legal Assistant Project, Boston,
Massachusetts
- Executive
Director (1967-1974). Administered the neighborhood legal services
program for the City of Boston. Through a variety of funding sources,
the project employed a full-time staff of over 100 and approximately
55 full-time attorneys with an annual budget of approxim ately $1.2
million.
Office of Legal Services, Office of Economic
Opportunity, Washington, D.C.
- Special
Assistant to the Director (1969-1970). For a six month period of time,
was on leave of absence from Boston Legal Assistance Project to serve
as Terry Lenzner's Special Assistant in Washington. Assisted the
National Legal Services Director on all major policy-making matters.
Boston University, Boston, Massachusetts
- Assistant
to the President for Research Development (1967). Responsible to the
President as Boston University's representative with all federal
agencies that allocate funds for higher education. Assignment was to
stimulate Boston University requests to the federal government for
grants and other forms of financial support and to maintain personal
contact with officials of these agencies.
- Director,
Roxbury Defenders Project (1964-1966). A program which provided
student counsel to indigent misdemeanants in the Roxbury District
Court under Rule 3:11 of the Supreme Judicial Court.
Boston University School of Law, Boston,
Massachusetts
- Director,
Legal Services Institute (1964-1966). The Institute was established
under his direction with the goal of bringing to the Law School
programs relating to research, training, clinical, education and
community-related projects. Grants were obtained to create the Roxbury
Defenders Project, Student Prosecutors Project and the Law and Poverty
Project.
- Assistant
Dean (1964-1966).
Swartz & Spangenberg, Boston, Massachusetts
- Partner
(1961-1965). Law Practice.
PROFESSIONAL MEMBERSHIPS
Massachusetts Organizations:
- Board
of Directors, Massachusetts Council on Public Justice, 1977-1996.
- Board
of Directors, Massachusetts Public Counsel Services Committee,
1984-1995.
- Committee
on Indigent Representation, Massachusetts Trial Court. Committee
appointed by Chief Administrative Judge Arthur Mason to develop
statewide indigency standards for indigent defense, 1982-1984.
- Task
Force on Court Reorganization and the Judicial Budget to the Senate
Committee on Ways and Means, 1978-1979.
- Advisory
Committee, Civil Liberties Union of Massachusetts, 1974-1978.
- Boston
Bar Association Committee on Legal Services to the Indigent,
1972-1978.
- Board
of Directors, Greater Boston Legal Services Program, 1975-1977.
- Massachusetts
Bar Association, Committee on Spanish Affairs, 1975-1977.
- Wilkin's
Committee. Supreme Judicial Court Committee which examined all aspects
of the right to counsel in the lower courts of Massachusetts, 1976-1977.
- Board
of Directors, Prisoner's Rights Project, 1972-1977.
- Governor's
Select Committee on Judicial Needs (Cox Committee), 1975-1976.
- Committee
on Family Advocacy, Family Services Association of Greater Boston,
1974-1976.
- State
Advisory Committee to the Legal Services Corporation, 1972-1974.
- Ad Hoc
Committee on Judicial Appointments. Committee established by Governor
Sargent to recruit and screen applicants for judicial appointments
created by adoption of Constitutional Amendment requirement retirement
at age 70. 1972-1973.
- Massachusetts
Bar Association, Committee on Judicial Administration, 1964-1970.
- Massachusetts
Bar Association Committee on Legal Services to the Poor, 1966-1973.
Charter Member and Chairman, 1966-1968.
- Executive
Committee, Boston University Law School Alumni Association, 1965-1968.
- Advisory
Committee, Massachusetts Correctional Assistance Project, 1965-1967.
- Committee
on Bail, Massachusetts Council on Crime and Delinquency, 1964-1967.
National Organizations:
- Advisory
Committee, Management and Technical Assistance Project, National Legal
Aid and Defender Association, 1981-1985.
- Board
of Directors and Executive Committee, National Legal Aid and Defender
Association, 1970-1980.
- Board
of Directors and Executive Committee, Action for Legal Rights, Inc. A
non-profit corporation established in the District of Columbia to
lobby for the National Legal Services Corporation, 1972-1974.
- Project
Advisory Group. The PAG consisted of 30 legal services project
directors around the country formed to provide policy input into
decisions of the National Office of Legal Services, Office of Economic
Opportunity. 1968-1974. Chairman, 1969-1972.
- Advisory
Committee, National Health Law Project, 1973-1975.
- Advisory
Board, Project on Legal Research and Services for the Elderly,
1970-1973.
- Committee
on Legal Clinics, American Association of Law Schools, 1965-1967.
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