The Bar, the Courts, Criminal Justice and the Olympics: Handling the Impact of the Olympic Games on the Courts, Law Practice and Criminal Justice in Utah by David Schwendiman EDITORÕS NOTE: This article was originally delivered as a seminar at the Utah State BarÕs Annual Convention in Sun Valley, Idaho on July 7, 2001. This material has not been revised since the terrorist attacks of September 11, and recent events only further underscore its importance. I. Introduction In February 2002, Utah will be host to the largest Olympic Winter Games ever staged. The event will affect the state in dramatic ways, but life will go on for the vast majority of its citizens in spite of the Games. In almost every aspect of the lives of the communities involved in the Olympics, a workable balance will be found between the routine and the extraordinary for the seventeen days of the event. There will be unique, sometimes large and unavoidable, but tolerable, financial and practical costs associated with the Games. The Utah State Bar, the courts and the criminal justice system have important roles to play in helping the communities they serve handle the unique demands of the event. How well they succeed will determine to some extent whether the 2002 Olympics are an economic, sporting and practical success for Utah, the United States and the Olympic Movement. Planning to meet the challenge to the courts and criminal justice system posed by the Games means designing ways to preserve the routine in every possible way. It involves creating plans for maintaining appropriate levels of essential services for the legal community and the people it serves while managing for the special needs related to the Games and keeping costs as reasonable as possible. The purpose of this article is to place the challenge the Games pose for the profession, the courts and criminal justice in a proper context. It describes the features of the plan devised to handle the challenge and lays out the assumptions behind the plan. It is not a comprehensive review of the subjects mentioned. While arrangements for handling many of the public safety and law enforcement issues raised by the Games are in place, many of the details remain unsettled. In the months left before the Games open on February 8, 2002, the true impact of the Games on critical legal services will become clearer. II. The 2002 Olympic Winter Games In order to understand the place of court operations and criminal justice in the thinking regarding the Olympics, it is important to know as much as possible about the context within which the courts must function during the Games. The modern Olympic Games were conceived in 1894.1 The Games of the first modern Olympiad were held in Athens in 1896. The Summer Games (Olympiads) have been held 24 time since their revival, the last being in Sydney in 2000. They have been interrupted twice by war. The Games return to Athens in 2004. The first Olympic Winter Games were held in Chamonix, France in 1924 as the winter companion to the VIIth Olympiad planned for Paris. They have been held eighteen times since their inception. The honor of hosting the Olympic Games, Summer and Winter, is Òentrusted by the International Olympic Committee (IOC) to a city, which is designated as the host city of the Olympic Games.Ó2 Salt Lake City was awarded the XIXth Olympic Winter Games by the IOC in Budapest on June 16, 1995. At the same time, Salt Lake City became the host for the VIIIth Paralympic Winter Games. The Utah Games will be the fifth Winter Games held on the North American continent (Lake Placid, 1932, Squaw Valley, 1960, Lake Placid, 1980, and Calgary, 1988). Salt Lake City is the third United States venue to host the Winter Games since they were first held in Chamonix in 1924. The Utah Games will be the largest Olympic Winter Games ever staged. Nonetheless, UtahÕs Games will be approximately one-third the size of previous Summer Games.3 III. The Utah Olympic Public Safety Command Adequate public safety preparations for special events like the Olympic Games are necessary to assure the public that it will be safe during the event. The role of law enforcement and public safety in connection with the Games is to help create an environment that allows the people of Utah, as well as those who come to Utah to compete, officiate, support or run competitions, and those who visit to spectate or simply to be near the event, to be reasonably confident that they will not be the victims of a crime while they are in Utah for the Games. Competitors who come to Utah to take part in the Games must be able to devote all of their attention to the pursuit of their Olympic dreams without worry for their safety. The Organizing Committee, the State of Utah, Salt Lake City, and the other venue communities are giving the international winter sports community the finest facilities in the world on which to compete, in the most beautiful settings ever for a Winter Games, but none of that will mean anything unless the events and the venues are secure. Law enforcement, public safety and the courts are bound to provide a level of service during the Games that helps make that possible within constitutional and legal bounds. The era of intense and costly public safety and security planning as a feature of Olympic preparations began after the events of September 5 and 6, 1972 during the Summer Games in Munich. The deaths of eleven Israeli athletes, coaches and officials, along with the deaths of a German police officer, Anton Fliegerbauer, and five of eight members of the Palestinian Black September organization who carried out the assault on the Israeli quarters in the poorly secured Olympic Village, established forever the real possibility that hallmark events like the Olympic Games would be used as a stage for extraordinary criminal acts. The two day drama was watched by hundreds of millions of television viewers.4 From the point of view of the Palestine Liberation Organization, the attack on the unsuspecting and woefully unprepared sporting event was a major strategic success, despite failing tactically. It pushed the question of Palestine to the front of the international stage. Since Munich, the Olympics must be counted among the most inviting and prestigious terrorist targets imaginable. The cause may change, but the theater remains. Few other events are as conspicuously open, occupy international attention for as long, are covered as heavily by the national and international media, or involve the transnational movement of as many participants and spectators in such a short period as the Games. Few international or national events offer the opportunities for political violence that the Games provide. Despite the history of low reported crime associated with past Olympic Games, the large number of people preoccupied with the events, the relative affluence of the spectators the Games draw, the festival like atmosphere of the events, the mix of cultures, and the energy of the competitions also create an inviting climate for common criminal activity. Protecting the participants, visitors and spectators as well as the citizens of the State of Utah and the nation and the Games themselves from the consequences of crime is essential to the success of the Games and the security of the community. Anticipating, preventing and responding swiftly and appropriately to common crime as well as acts of terrorism that threaten the security of the Games, the state and the nation are fundamental components of that task. Providing effective access to the judicial system for citizens as well as visitors during the Games is a vital part of meeting that responsibility. In 1998, the Utah Legislature created the Utah Olympic Public Safety Command to manage public safety and law enforcement planning and operations for the 2002 Games.5 For administrative purposes the Olympic Public Safety Command was made part of the Utah Department of Public Safety.6 The Commissioner of Public Safety serves as chair of the Command and is the ÒOlympic law enforcement commanderÓ for the State of Utah.7 Members of the Utah Olympic Public Safety Command include representatives of the principal local law enforcement and public safety agencies in the State of Utah and in the seven counties most directly affected by the Games. The Salt Lake Organizing Committee (SLOC) has a member on the Command as do the FBI, Secret Service and the Bureau of Alcohol Tobacco and Firearms (ATF). The FBI is the only federal agency made a member of the Command by mention in the statute.8 The Secret Service and ATF became members of the Command by appointment. The Utah Attorney General is counsel to the Command.9 The mission of the Command is to provide law enforcement and public safety services related to the 2002 Games, including, as of the last legislative session, the Paralympics Winter Games.10 Among the law enforcement and public safety services the Command is required to provide in relation to the Games are Òprograms and servicesÓ to Òreduce or prevent crime,Ó Òreduce death and injuries on highways,Ó Òprepare for and respond to an emergency,Ó Òprovide forensic, communications, and records support services,Ó Òprovide for crowd and traffic safety,Ó Òprovide for and assist in criminal investigation,Ó and Òimprove criminal justice processes.Ó11 Planning for the courts and criminal justice in connection with the Games is driven largely by the statutory responsibility the Command has to improve criminal justice processes to put them in the best position for handling the demands the Games might be expected to impose on them. The Command is required by statute to prepare a written plan for Òlaw enforcement and public safety services related to the Olympics, including the coordination of personnel and resources of state and local law enforcement or public safety agencies.Ó12 The plan must allow Òlatitude and flexibility . . . to promote the effective, efficient, and cooperative implementation of the plan and the preservation of public safety.Ó13 A basic plan is complete. One of its most important features is the portion dealing with the operation of the courts and criminal justice functions during the Games. IV. Planning Assumptions Planning for court and criminal justice operations in connection with the Games is based on several assumptions supported by the study of previous events, Summer, and to the extent possible, Winter Olympic Games, and experience with the most recent Summer Games. The assumptions are discussed at greater length further on, but they can be summarized as follows: ¥ The Games will have an impact on the courts and criminal justice operations, at least in the seven county (Weber, Morgan, Davis, Summit, Salt Lake, Wasatch and Utah) Olympic theater before the Games, during the Games, and for a time after the Games are finished. ¥ Adjustments in the way business is conducted in the courts and in the criminal justice system during the Games will need to be made to respond to the effect the Games will have on operations, not in the way the law is enforced as much as in how matters are handled procedurally. Certainly not by sacrificing justice for expediency. Nonetheless, flexibility in scheduling and managing operations will be required. ¥ Reported crime will likely drop during the Games (February 8 to February 24, 2002). There are, however, reasons for this phenomenon that do not mean there will be fewer crimes than normal (i.e., fewer criminal episodes, fewer call outs) or that adjustments in how business is conducted can or should be avoided or ignored. One reason this assumption is qualified is that approximately 40% fewer law enforcement officers will be performing their normal duties during the Games. These officers will be engaged in Olympic related law enforcement assignments. They wonÕt be responding to or reporting crime in the ordinary way during the seventeen days they are on Olympic duty. A common sense, non-confrontational approach to law enforcement during the Games is also being urged that will, hopefully, reduce the number of reported offenses committed in connection with the Games themselves. There is no historic evidence to support a conclusion that Olympic visitors will cause the rate of reported or unreported crime to go up. There are special problems related to foreign visitors that may require the attention of the criminal justice system and the courts, but no reason to think they will bring a crime wave with them to Utah. In fact, another reason for there being fewer reported crimes than expected in prior events is the reluctance of foreign visitors to report crime, especially minor crimes, because they donÕt understand or want to be involved in the criminal justice process while they are visiting. ¥ The likelihood that a catastrophic criminal event will occur during the Games is extremely remote, but because of the consequences of a major incident (e.g., loss of life, injury to person, loss of property, short and long-term damage to the prestige and reputation of the city, state and nation, effect on national and foreign policy), the courts and criminal justice system in Utah must be fully prepared to support the effort necessary to legally prevent or frustrate such an event, to support efforts to mitigate its potential effect, to support the response to such an event if it occurs, and to play a proper role in the resolution and disposition of the criminal cases that follow. ¥ The community must be assured of access to the courts and the criminal justice system in the seven county theater of operations during the Games, particularly when it is required to protect life, avoid injury, and protect property that is in immediate jeopardy. As a corollary, law enforcement must have access to the courts and the criminal justice system to ensure it can enforce the law and properly investigate violations during the Olympic period, regardless of what is going on with the Games. Defendants must have access to the courts and the speedy process guaranteed them by the laws and Constitutions of the United States and the State of Utah. ¥ Courts and criminal justice will be affected to some extent by foreign visitors who will be in the State of Utah as a result of the Games. The participants in the system will require education, training and information regarding the special challenges this will impose on the courts and the system of criminal justice in Utah. ¥ There will be unique issues for which the courts and the criminal justice system share responsibility in connection with the Games. These will be issues that involve conduct more likely to occur as a consequence of the Games than would be the case if the Games were not being staged in Utah. Intellectual property enforcement; doping and elite sport, and the involvement of foreign nationals in the criminal justice system are all examples of such issues. ¥ With competition for the limited funding available to stage the Games as sharp as it is, it is unlikely any funding will be provided by the legislature or the organizer for Olympic related court and criminal justice operations. Everything must be done with as little cost above what is already appropriated for the courts and criminal justice as possible. What is done must be done with what is already in place, or can be adapted for use with little cost, or with what can be acquired without cost. The legacy of the Games for the courts and the criminal justice system will be the memory of a job well and professionally done, of agreement regarding prosecution guidelines and process, and not new or improved facilities or support acquired simply to meet an Olympic need. ¥ Finally, it is a basic assumption that the legal and criminal justice communities in Utah want to do it right and well, that is, reasonably, effectively, fairly. If they must have contact with our courts and criminal justice system, our visitors ought to remember Utah and their Olympic visit and the Olympic experience for how professionally they were treated. Their treatment, whether they are victims, witnesses or offenders, should be remarkable for its efficiency, effectiveness and fairness. The plan drafted over a year and a half ago is based on these assumptions. Experience, study, collaboration with Australia and rigorous testing have refined the features of the plan, making it simpler and more workable. V. What about crime and the Games? Court and criminal justice services in the communities where events, including events other than those considered Òofficial Olympic eventsÓ (e.g., community events such as those planned in Park City each night of the Games), will be staged or where support facilities or services for the Games are located, will be influenced to a greater or lesser extent by a variety of factors. The type of event involved will dictate how likely it is that extraordinary court or criminal justice services will be needed. The type of spectators and crowds the event draws will play a big part in the calculus as well. The question for the courts and criminal justice system is how likely is it that the people coming to attend or participate in the events will commit crime or become victims of crime while they are in the community for the Games? The number of days during the Olympic period that the venue, site or support facility is used will tell those responsible for the courts and criminal justice operations in a location how big a strain to plan for. When the venue or facility will be used during the days it is active for competition or training will also figure into that consideration as will what else is going on around the event or the facility. Additionally, difficulty reaching or using court and criminal justice services caused by the traffic and transportation adjustments made for the Games will affect everyone in the system from defendants to jurors, witnesses, and court personnel. The availability for court proceedings and pre-trial and pre-hearing preparation of law enforcement officers who are assigned Olympic responsibilities during the Olympic period will also add to the overall impact on the ability of the courts and criminal justice system in Utah to manage during the Games. Each of the factors mentioned must be dissected and examined in every community affected by the Games in order to plan for the true criminal justice impact of the Olympics. There are, however, some general facts and circumstances learned from prior events that can inform planning. For a variety of reasons, some of which are peculiar to the event, for Summer Games staged in Atlanta in 1996 and Sydney in 2000, reported crime, with few notable exceptions (e.g., the Centennial Park bombing in 1996), was not an issue that made increased or unusual demands on the existing criminal justice systems in the host communities. In both cases studied, however, detailed plans were made for handling increased caseloads and for dealing with extraordinary circumstances.14 In each, planning was based on the assumption there would be an impact, however unpredictable, on how court and criminal justice services were delivered during the Games period. Neither assumed any impact from the Paralympics that required special planning or treatments. What happened in Sydney suggests the true impact of the Games on criminal justice services will occur during the months following the close of the Olympics. Matters taken in during the Games and set over for disposition after the close of the Games, combined with the ordinary case load will increase demand on the courts for months following the close of the Games. This will be troublesome for the courts generally because law enforcement personnel may be hard to schedule during that time. Many will be owed time off that was suspended or denied leading up to and during the Games. While there are no existing data from which clear conclusions can be drawn regarding whether ordinary crime will increase in connection with the Games,15 especially the Winter Games, it is prudent to assume that the event will nonetheless require adjustments in how the courts and the criminal justice system do business at least in the seven county Olympic theater of operations in Utah between February 8 and February 24, 2002. Unless further study proves otherwise, it is also safe to assume there will be no real impact on the courts as a consequence of the Paralympics, and that no adjustments will be required for the Paralympics. None of these assessments holds, of course, if an extraordinary criminal event such as an act of terrorism, a bombing or other significant multi-jurisdictional crime is committed during or in connection with the Games. If that happens, the impact on all aspects of the criminal justice system in Utah will be dramatic. While Utah has had its share of high profile criminal cases, nothing it has experienced to date will compare with the kind of coverage and attention a serious act of violence will receive if committed during the Games. VI. How will routine crime be handled during the Games? As mentioned earlier, achieving a workable balance between the routine and the extraordinary for the seventeen days of the Games and keeping all of the costs associated with doing so as low and as bearable as possible, can be accomplished only by keeping to existing routines as much as possible, using existing facilities, existing staff, and maintaining routine hours in every affected community, except where that cannot be done because of the size of the community, the size of the event planned for the community, or because of how events are scheduled. The courts in each community involved with the Games know their own business and the populations they serve better than anyone else. For that reason, the District Court in each affected community has been asked to designate at least one facility and one or more courts in each District as a Designated Olympic Court or DOC. Each such court has been asked to create a team responsible for implementing a strategy to provide criminal justice and court services to the areas affected by the Olympic Games between February 8, 2002 and February 24, 2002. It is recommended that the teams include the following people to ensure that the interests that should have a say regarding the appropriate management of criminal justice operations during the seventeen days of the Games are included in the planning: ¥ District Judge ¥ Juvenile Court representative ¥ Justice Court representative ¥ Court Executive ¥ County or District Attorney ¥ City Prosecutor ¥ Legal Defender or criminal defense representative ¥ Civil practice representative ¥ Victim Services representative ¥ Detention/Corrections representative ¥ Venue Commanders for the venues or sites located within the jurisdiction of the Court ¥ a representative from the Utah Olympic Public Safety Command ¥ a representative of the Administrative Office of the Courts Designated Olympic Courts are contemplated for: ¥ Ogden (2nd District) Ð Serving Ogden and Weber County, including the Ogden Ice Sheet located on the campus of Weber State University ¥ Huntsville (2nd District) Ð Serving Snowbasin ¥ Farmington (2nd District) Ð Serving Davis County, particularly the Park and Ride lot for Snowbasin ¥ Morgan (2nd District) Ð Serving Morgan County, particularly the Park and Ride lot for Snowbasin at Mountain Green ¥ Matheson Center, Salt Lake City (3rd District) Ð Serving Salt Lake County, including the Salt Lake City venues and sites (i.e., Delta Center, Medals Plaza and Olympic Boulevard, Rice-Eccles Stadium, Olympic Village, Main Media Center/International Broadcast Center, training facilities at Steiner Aquatic Center) ¥ West Valley City Court, West Valley City (3rd District) Ð Serving West Valley City, including the Olympic Oval at Kearns, E-Center, and the training facilities at Accord Arena ¥ Summit County Justice Center, Highway 40 (3rd District) Ð Serving Western Summit County, including Olympic Sports Park, Deer Valley, Park City, and the Park and Ride lots associated with each ¥ Wasatch County Justice Center, Heber City (4th District) Ð Serving Wasatch County, including the Soldier Hollow Cross Country and Biathlon venue and the Park and Ride lots associated with the venue, as well as the unofficial athlete residences in Wasatch County ¥ Provo (4th District) Ð Serving Utah County, including the Seven Peaks Ice Arena ¥ Federal District Court, Salt Lake City Ð Serving the District of Utah Among other things, each Designated Olympic Court is encouraged to: ¥ Define the geographical and jurisdictional limits of the areas it will serve during the Games. ¥ Consolidate all routine operations of the courts, including Justice Courts, that must be conducted in the District during the Games into the one or more courts identified as Designated Olympic Courts and suspend the operations of the remaining courts in the District for the Olympic period between February 8 and February 24, 2002. ¥ Each District is encouraged to scale back operations for the Games period by scheduling as many criminal and civil matters in advance of the Games as possible to eliminate the need to conduct business during the Olympics. They are also encouraged to set matters that are not time sensitive over to dates after the Games. ¥ The Courts in each District are discouraged from setting jury trials or hearings requiring witnesses, especially law enforcement witnesses, during the Games. This will eliminate the problem of having to seat jurors who will have transportation problems or will be affected by the perception there will be transportation problems associated with the Games that will interfere with their coming to the site of the Court for jury duty. This will also eliminate the concern many advocates have that jurors will be distracted by the Games. It will eliminate the problems associated with having witnesses who will likewise be distracted. Most important, it will eliminate the problems associated with having 40% of the sworn law enforcement officers in the seven county theater assigned to Olympic duties and unavailable for hearings and trials without compromising the public safety and security of the Games. Each Designated Olympic Court, with the assistance of representatives of the Utah Olympic Public Safety Command, will create its own Operations Manual. The Manual for each Designated Olympic Court will, at a minimum, contain: (1) an operations plan for the Designated Olympic Court, i.e., how many courts will comprise the Designated Olympic Court, what each will do during the Games, what it wonÕt do, whether it will schedule matters over after the Games, whether it will set jury trials, hearings and other matters during the Games, what provisions will be made for emergency matters, the plan for processing offenders during the Games, etc.; (2) a description of the area covered by the Court, i.e., the geographical coverage of the Designated Olympic Court; (3) the hours of operation for each of the Designated Olympic Courts for the seventeen days of the Games, beginning February 8, 2002 and ending February 24, 2002; (4) operating schedules for each of the venues located within the area covered by the Designated Olympic Court; (5) rosters of the teams that will be covering each of the courts and the processing center that comprise the Designated Olympic Court (District Judge/Justice, Court Executive, Court Clerk, County or District Attorney, City Prosecutor, Legal Defender or defense counsel, Juvenile Court representative, Victim/Witness Services representative, Detention/Corrections staff, booking and processing staff); (6) schedules of coverage for the hours of operation, i.e., which teams, where, when;(7) lists of critical telephone numbers, contacts, etc.; (8) a copy of the operations plan for the Olympic Coordination Center; and (9) a form book. All crimes and other matters during the Olympic period, whether Olympic related or not, requiring the attention of a District or Justice Court will be handled in the first instance by the Designated Olympic Court with jurisdiction over the offense or matter in the geographical area in which it arose. If the matter can be resolved by the Designated Olympic Court or can be handled summarily, the Designated Olympic Court will deal with it as swiftly as appropriate under the circumstances. If a matter cannot be resolved without further detention of the offender or if it requires setting a preliminary hearing or other proceeding, the Designated Olympic Court may choose to handle the matter or set it over to be heard by an appropriate court after February 24, 2002, unless speedy trial considerations require a more expeditious treatment. VII. What is the role of the Olympic Coordination Center? The Olympic Coordination Center or OCC is located in the Utah Olympic Public Safety Command building. It is the place from which public safety and security matters, including criminal justice matters, will be coordinated during the Games to ensure the best possible service and most efficient use of public safety resources in connection with the Games. Within the Olympic Coordination Center there are two posts situated side by side for legal and criminal justice coordinators. One post will be staffed twenty-four hours each day of the Games beginning February 8 by an attorney from the United States Attorneys Office or the Department of Justice (including ACIRG16). The second post will be staffed by an attorney from the Utah Attorney GeneralÕs Office. Among other things, the two legal and criminal justice coordinators will track crimes committed in the Olympic theater, render advice regarding public safety and law enforcement operations conducted in connection with the Games, enlist appropriate assistance when obtaining search warrants, complaints, or other legal process becomes necessary, coordinate the use of limited criminal justice support services (e.g. interpreters, victim-witness counselors and service providers), assist in coordinating matters in case of a mass arrest situation, coordinate detention arrangements when required, make or advise regarding prosecution decisions, and make decisions and render advice regarding the legal and law enforcement strategies created for the event. The two legal and criminal justice coordinators will also advise the Commander of the Utah Olympic Public Safety Command and various prosecution authorities, including the Attorney General of the United States, on the status of criminal justice matters related to the Games. In case of an extraordinary criminal event, the legal and criminal justice coordinators are available to provide immediate and appropriate advice and assistance regarding the response to, and the resolution, investigation and disposition of such events, providing tactical and forensic assistance and command related advice where needed and appropriate. If a law enforcement officer or prosecutor in the field has any doubts regarding the legal basis for action, or regarding how a legal matter ought to be handled, including the enforcement of criminal law during the Games, he or she can contact the legal affairs and criminal justice coordinators in the Olympic Coordination Center for answers and assistance. VIII. What is the Olympic Legal Affairs Handbook? In order to help those working in the Designated Olympic Courts and in the Olympic Coordination Center, and to ensure, to the extent possible, that people are treated the same regardless where they might be in the Olympic theater during the Games, an Olympic Legal Affairs Handbook is being prepared. The Handbook comprises three volumes: ¥ Prosecution Guidelines Ð a catalog of offenses covering the range of crimes that might be committed during or in connection with the Games. The offenses are divided into sixteen categories. As to each category, primary responsibility for investigating and prosecuting crime has been sorted out between local, state and federal prosecutors and guidelines have been written setting out who will handle a matter if it occurs during the Games. The idea is to avoid having to sort out responsibility during the event. For the offenses most likely to be committed, e.g., trespass, drunk and disorderly, etc., elements, bail schedules, fine schedules and special considerations are listed. Among other things, the guidelines allow the Utah Olympic Public Safety Command to make it clear to the Olympic Family and other visitors to the Games how criminal conduct will be handled and how they can be expected to be treated as a consequence. They also provide a basis for training law enforcement officers and agents from Utah and elsewhere who will have Olympic assignments during the Games. ¥ Law Enforcement Strategy Ð strategies devised to deal with special situations and circumstances that are likely to occur during or in connection with the Games. The strategies are designed to give advice and direction on matters not ordinarily encountered by law enforcement or prosecutors, to serve as the bases for training law enforcement personnel in advance of the Games, and to give general guidance regarding issues of special significance in the context of the Games. They are also designed to help the legal and criminal justice coordinators in the OCC effectively advise the Command and others during rapidly developing situations. The strategies enable the Command to make it clear to the Olympic Family and others how certain special situations and issues will likely be handled. Among the strategies that are being developed are strategies for dealing with the possession and use of performance enhancing substances by competitors, trainers and others involved in competition, for handling offenders who are foreign nationals (to ensure the requirements of treaty and convention, e.g., the Vienna Convention, are properly observed and to ensure that law enforcement personnel are appropriately educated regarding diplomatic immunity, asylum, etc.), for handling the offender who is a member of the Olympic Family (to ensure treatment that is consistent with how people who are not members of the Olympic Family are treated, but to make sure the appropriate authorities, e.g., National Olympic Committees, Immigration and Naturalization Service, etc., are notified regarding the offender and the offense)17, for delivering victim witness services, for managing detention regarding those few people who must be taken into custody (to ensure availability of detention facilities, to set out uniform procedures for processing offenders, and to encourage appropriate and fair treatment of those taken into custody), for handling juvenile offenders, and for handling intellectual property offenses committed in connection with the Games. ¥ Operations Manuals for the Olympic Coordination Center and the eleven Designated Olympic Courts. IX. Summary The legal community in Utah is obliged to plan so that the routine of the community, especially insofar as the criminal justice system and the courts are concerned, is not disturbed any more than necessary as a result of the Games. The special circumstances created by the Games require courts to consider unique adjustments for the seventeen days of the Games, including scheduling hearings and trials to avoid the Olympic period, not scheduling trials and hearings involving law enforcement personnel and others who have Olympic law enforcement or public safety assignments, and designating, planning and staffing Designated Olympic Courts designed to meet the needs of the Games and the community during the Games. An Olympic Legal Affairs Handbook is being prepared to give direction and guidance before and during the Olympic period. Further instructions regarding the Handbook and the operations of the Designated Olympic Courts will be given before the Games to those who will be working in the Designated Olympic Courts, to venue commanders and law enforcement personnel assigned Olympic duties, and to those who will be acting as legal affairs and criminal justice coordinators in the Olympic Coordination Center during the Games. Among the most important features of the Handbook is the set of law enforcement strategies devised to deal carefully and uniformly with special situations and circumstances that are likely to occur during or in connection with the Games. The strategies are designed to give advice and direction on matters not ordinarily encountered by law enforcement or prosecutors. The 2002 Olympic Winter Games are a unique opportunity for Utah residents to play a substantial part in the history of the state and the nation. The legal community in Utah shares responsibility with Utah law enforcement and public safety to make sure that during the Games the experience our residents and those who visit to compete or spectate have while they are in Utah is the best we are capable of giving them. We want them to leave determined to return because of the quality of our communities, our people, the competition, and the venues and because they felt safe and secure while they were here during the Games. 1 See Olympic Charter (June 15, 1995), p. 10, Fundamental Principle 1. 2 Olympic Charter, Rule 36(3). 3 During the seventeen days of the Olympic Winter Games between February 8 and February 24, 2002, 3500 athletes from 80 nations will compete in 70 events involving seven sports and fourteen disciplines. Events in one sport and another new discipline are new to the modern Olympic program or have been revived for the 2002 Olympic program. Skeleton, sliding the combination luge and bobsled course head first on a Òskeleton sled,Ó will be contested in Salt Lake City for the first time since 1948 when it was included in the Olympic program in St. Moritz. WomenÕs bobsled (2 person) is included in the Olympic program for the first time. Two hundred ten medals will be awarded. About 1.6 million tickets will be sold for 153 ticketed events. The Paralympic Winter Games, while smaller in size than the Winter Games, will still draw 1100 competitors from 35 nations who will compete in 35 events in 4 sports between March 7 and March 16, 2002. While Salt Lake City is the host city of the Games, the Utah Olympic and Paralympic Games will be staged in various locations throughout Northern Utah. The Olympic theater covers seven counties: Weber, Morgan, Davis, Summit, Wasatch, Utah and Salt Lake. Events will be held in five mountain or snow venues and in five indoor or ice venues, located in five Utah counties: Weber, Summit, Wasatch, Utah and Salt Lake. Competitions are scheduled for every day of the Games. The competition venues, by international standards, are the finest facilities of their kind in the world. Numerous non-competition venues and sites, including the Olympic Village situated at the University of Utah; Rice-Eccles Stadium, the site of the opening and closing ceremonies for both the Olympic and Paralympic Games; the International Broadcast/Main Press Center; and other critical sites needed to stage the Games, are also located within the seven county area. Over 133,000 people will be involved in Games activities each of the seventeen days of the Olympic Games in February, 2002. Of those, approximately 70,000 will be from somewhere other than Utah. Foreign visitors will make up a significant percentage of that number. At the close of the sixteen days of the Winter Games and the close of the Paralympic Winter Games, approximately $1.3 billion will have been spent to stage the Games. The budget for the 2002 Games is less than what it cost to stage either of the last two Winter Games. The Salt Lake Organizing Committee (SLOC) will use approximately 26,000 volunteers in connection with the Games. SLOC will officially accredit over 90,000 people to the Games. About 29,000 will be foreign nationals entitled to special entry procedures developed to fulfill commitments the President made to the International Olympic Committee under the terms of the Olympic Charter. 9000 media representatives will be accredited to the Games. Several thousand people representing the unaccredited media will also come to Salt Lake City to cover the Games. Over 3 billion people, nearly one-half the worldÕs population, will watch the events and read about them during the seventeen days of the 2002 Olympic Winter Games. The Summer Games in Sydney were staged during the seventeen days between September 15 and October 1, 2000. In that period, 10,200 athletes representing 200 nations competed in 28 medal sports. Over 6.5 million spectators attended Sydney events, nearly 5 million at Sydney Olympic Park. Over 15,000 accredited media representatives covered the Games. Over 3.5 billion people around the world watched Olympic events on television. The Games of the XXVIth Olympiad held in Atlanta between July 19 and August 4, 1996 involved 10,310 athletes from 197 countries competing in 26 sports and 271 events. The Summer Games held in Spain between July 23 and August 8, 1992, were of comparable size. 9364 athletes representing 169 nations competed in Barcelona in 24 sports and 257 events. By contrast, in Lillehammer, Norway, 1737 athletes from 67 countries competed between February 12 and February 27, 1994, in 10 sports and 61 events. 2304 athletes from 72 countries competed in the XVIIIth Olympic Winter Games held between February 7 and February 22, 1998 in Nagano, Japan. The comparative size of the Games should not be misinterpreted as an indication that the public safety requirement will be one-third of what was needed for previous Summer Games. Differences in the weather, transportation infrastructure, the size of local police and law enforcement agencies that can provide officers for duty in connection with the Utah Games, and many fiscal, political, tactical, geographic and other variables require that any assessment of public safety needs in connection with the 2002 Games be made in the most careful and informed way as it relates to the 2002 event and the risks and threats that are known or reasonably foreseeable in connection with it, not by comparison with a previous event. 4 See Simon Reeve. One Day In September: The Story of the 1972 Munich Olympics Massacre. London: Faber and Faber, 2000; see also, Brigitte L. Nacos. Terrorism & the Media: From the Iran Hostage Crisis to the Oklahoma City Bombing. New York: Columbia University Press, 1995, 49 - 50. 5 See ÒState Olympic Public Safety Command Act,Ó Utah Code Ann. 53-12-101 et seq., enacted 1998. 6 Utah Code Ann. 53-12-201(1)(a). 7 Utah Code Ann. 53-12-102(6). 8 Utah Code Ann. 53-12-201. 9 Utah Code Ann. 53-12-201(4). 10 See S.B. 84, 2001 General Session. 11 Utah Code Ann. 53-12-102(3)(b). 12 Utah Code Ann. 53-12-202(1)(a)(i). 13 Utah Code Ann. 53-12-202(1)(a)(iii). 14 See Standing Committee of Criminal Justice Chief Executive Officers, Managing the Impact of the Sydney 2002 Games - Final Report (No. 4), September, 1999; see also, State Olympic Law Enforcement Command, City of Atlanta Municipal Court, SOLEC Satellite Court and Atlanta Municipal Court Olympic Operations Guide, Centennial Olympic Games, Atlanta, Georgia, 1996. 15 Atlanta kept no useful statistics regarding the impact on the criminal courts, municipal, state or federal, from the 1996 Summer Games. There is some anecdotal information from which it appears the number of crimes handled through the criminal justice system created for the Games was not as great as expected. Final statistics from the 2002 Summer Games held in Sydney, Australia, between September 15 and October 1, 2000, became available in March 2001. The Olympic Intelligence Centre, the branch of the Olympic Security Command responsible for collecting, monitoring and assessing information regarding crime committed in connection with the 2000 Games, concluded that Òcrime rates remained steady during the GamesÓ compared with the same period the year preceding the Sydney Games. The Centre attributes this, in part, to the Òpositive association between a more visible police presence and the containment of criminal activity.Ó Olympic Intelligence Centre, Intelligence After Action Report for the Sydney 2000 Games (March 2001) (OIC After Action Report), 9. Olympic and Paralympic related crime was defined by the Centre as Òthat which posed a risk to organizations, individuals and agencies involved in or associated with the Games.Ó Id. 10. The definition included Òcrime committed within Games venues and the adjoining common and urban domains.Ó Id. 10. Sydney, Australia and its suburbs are home to over 5,000,000 people, a little less than one-third of the total population of Australia (18,735,000). Sydney is AustraliaÕs largest city. From September 15 through October 1, 2000, it played host to over 6,000,000 Olympic visitors from all over Australia and throughout the world. Approximately 6,500,000 spectators attended Olympic events. The Olympic Intelligence Centre found that 1018 Olympic related offenses were committed during the Olympic period, that is, between September 2 and October 1, 2000. Id. 10. The rate of reported crime committed during the Sydney Games was about 1 for every 6,000 visitors or 1 for every 6,500 spectators. Most of the events contested during the 2000 Games were held in Sydney Olympic Park, a purpose built complex of stadiums and facilities for track and field, field hockey, baseball, basketball, swimming and diving, synchronized swimming, tennis, soccer, gymnastics and rhythmic gymnastics, volleyball, water polo, archery, taekwondo, badminton, handball, modern pentathlon, and table tennis, located approximately 15 km from downtown Sydney on reclaimed land that once accommodated slaughterhouses, an armaments depot, a racetrack and brickworks. See Patrick Bingham-Hall, Olympic Architecture: Building Sydney 2000 (Sydney, Australia: The Watermark Press, 1999). The complex, comprising approximately 370 hectares of competition and training venues as well as the open space or Òcommon domainÓ surrounding the venues was visited by over 350,000 people on most days of the Games. On September 23, the eighth day of the Games, a record 400,345 people attended events in Sydney Olympic Park. The Olympic Intelligence Centre reports that 340 offenses were committed during the Games in Sydney Olympic Park. This amounted to around 11 reported crimes each day of the Games. Stealing was the most frequently reported crime, accounting for about 79% of all offenses committed. OIC After Action Report, 10. The greatest number of crimes committed in the Park were committed in Stadium Australia, the 112,000 seat venue for track and field and soccer. Id. 10. The common domain within Sydney Olympic Park had the next highest rate of crime in the Park. Id. 10. Offenses committed in Sydney Olympic Park, along with those committed in the few other venues located outside Sydney (e.g., Blacktown baseball and softball venue, PenrithÕs Sydney International Regatta Centre) were handled in the Parramatta Local Court which was designated to handle crime, whether Olympic related or not, that occurred outside Sydney during the Games. The second greatest number of offenses committed during the Sydney Games were committed in the Darling Harbour Olympic Precinct comprising the competition and training venues for volleyball, judo, fencing, weightlifting, boxing, and greco-roman and freestyle wrestling, and the public space or Òurban domainÓ located around the venues in downtown Sydney. Id. 10. Of the 1018 Olympic related crimes committed between September 2 and October 1, 2000, 36% were committed in Darling Harbour Precinct. Id. 10. Stealing was, once again, the most frequently reported crime, accounting for about 70% of all reported offenses. Id. 10. The offenses committed in the Darling Harbour Precinct, along with all other crimes committed in Sydney proper, were handled in the Downing Centre Local Court which had been designated to handle crimes, whether Olympic related or not, committed in the principal urban area comprising Sydney and its suburbs. The Downing Centre Court and the Parramatta Local Court were staffed by police prosecutors, magistrates, court and corrections personnel, and defense counsel between 8:00 am and 8:00 pm each day of the Games Legal advice was provided to the Olympic Security Command and the New South Wales Police Service by the Legal Support Unit of the Crime Agencies (Detective) Branch of the New South Wales Police Service which was staffed twenty four hours each day of the Games. SydneyÕs Kingsford Smith Airport, the entry point for the great majority of foreign competitors and visitors to the Games, reported 188 offenses during the Olympic period. Stealing accounted for 63% of the reported crimes. Id. 12. Assault, robbery, possession of prohibited weapons, malicious damage, drug possession, fraud and money laundering offenses were also reported. Id. 12. The Olympic Village provided accommodations for approximately 25,000 people during the Games, 15,000 of whom stayed in the Olympic Village throughout the entire Olympic period. Id. 12. Between September 1 and October 1, 2000, 95 crimes were reported in the Village. Id. 12. Most of the crime was committed in the international zone and in the residential area within the Village. Id. 12. Stealing accounted for 59% of the offenses reported in the Olympic Village. Id. 12. Breaking and entering, fraud, malicious damage, trespass, and assault, including sexual assault, accounted for the remaining crimes. Id. 12. The Olympic Intelligence Centre found a very low rate of reported crime during the Paralympic period, October 2 through October 29, 2000. A total of 202 offenses were reported during the Paralympics. Id. 11. Stealing was the most frequently reported crime. Id. 11. A number of incidents involving performance enhancing drugs occurred in connection with the Sydney Games, including a customs seizure of a large quantity of banned substances from a trainer entering Australia at Kingsford Smith Airport, but none were charged as violations of Australian criminal law. Seven athletes were dropped from competition for testing positive for steroids by their national sports federations or organizations before being allowed to go to Sydney, were expelled from competition while in Sydney, or were forced to surrender medals awarded during the 2000 Games. Of the seven, three tested positive for nandralone, including C.J. Hunter, a United States shot putter. Nandralone is the most commonly abused anabolic steroid in sport. See The Australian, Thursday, September 28, 2000, pg. 4. Over 100 intelligence leads concerning potential terrorist-related threats to the Games were handled by the Olympic Intelligence Centre. OIC After Action Report, 3. The Centre considered all leads as Òlegitimate risks until assessed otherwise.Ó Id. 3. ÒMatters involving clear criminality were referred to the New South Wales Police Service (NSWPOL) Olympic Investigation Strike Force (OISF) of the Australian Federal Police (AFP) for investigation. Before any case was closed, each matter was assessed and investigated until such time as the OIC could confirm there was no extant risk to the Games.Ó Id. 3. The majority of the leads handled by the Centre Òwere assessed to be benign in terms of terrorist risk.Ó Id. 3. A number of protest groups, including the Bondi Olympic Watch, the Olympic Impact Coalition, Greenpeace, Critical Mass, Falun Gong, Burmese opposition groups, and the Campaign Against Corporate Tyranny in Unity and Solidarity (CACTUS), announced their intention in advance of the Games to protest during the Games to get exposure and attention for their causes. In addition, several radical indigenous activists publicly promised to disrupt the Games, peacefully and otherwise. Anti- globalization protesters that targeted meetings of the World Economic Forum in Melbourne just before the opening of the Games in Sydney, indicated they would travel to Sydney to protest at the beginning of the 2000 Games. Id. 6. No criminal charges were brought as a result of protests or demonstrations, however, and none disrupted the Games. Members of one activist group obtained employment in the Olympic Village to gain access to athletes to persuade them to seek political asylum and embarrass the relevant government, but they were identified early and dissuaded from activity that would have embarrassed or disrupted the Games. Id. 7. 16 ACIRG stands for the United States Attorney GeneralÕs ÒAttorney Critical Incident Response Group.Ó After Oklahoma City, Attorney General Reno assembled several experienced prosecutors from United States Attorneys Offices around the country and from the Department of Justice, along with senior attorney managers from the Department of Justice with experience in complex, protracted and special cases, including international terrorism cases, and tasked them with handling the DepartmentÕs response to future extraordinary criminal events and providing assistance to United States Attorneys in case of a criminal event like the Murrah Federal Building bombing. ACIRG is an important component of the Department of Justice Crisis Response Plan. 17 Of the more than 90,000 people the Salt Lake Organizing Committee (SLOC) will accredit for the 2002 Olympic Winter and Paralympic Winter Games, approximately 29,000 will be foreign nationals entitled to special entry procedures developed to fulfill commitments made by the President of the United States to the International Olympic Committee under the terms of the Olympic Charter. These special entry procedures are outlined in the amendments to 22 CFR Part 41 promulgated by the State Department for the Salt Lake Games. 22 CFR 41.101(f)(2), is a new section added to define ÒOlympic Family MemberÓ and ÒParalympic Family MemberÓ for purposes of the regulation. Olympic and Paralympic Family Members will be issued an ÒOlympic Identification/Accreditation CardÓ or OI/AC that, along with a passport, will constitute the holderÕs visa, valid for multiple entries into the United States from January 8, 2002 until March 24, 2002, for those accredited to the XIXth Olympic Winter Games, and for multiple entries into the United States from February 7, 2002 until April 16, 2002, for those accredited to the VIIth Paralympic Winter Games. See 22 CFR 41.112(d). The OI/AC will also be the holderÕs accreditation to Olympic and Paralympic events. Any violation of the Olympic and Paralympic rules that results in a personÕs credentials being canceled by the International Olympic Committee or the organizer voids the OI/AC. Any violation of the Olympic and Paralympic bans on illegal substances, for example, may result in the offenderÕs OI/AC being revoked, whether the person is an athlete, trainer, coach, official or other member of the Olympic family. If that happens, the OI/AC issued to that person will be recalled. Since the personÕs visa and authority for being in the United States is extinguished once the OI/AC is voided, the offender will have to voluntarily leave the United States or be subject to arrest and deportation for being in the United States illegally. A similar situation will exist if an accredited person commits a crime serious enough to cause the IOC or the organizer to withdraw the personÕs credentials. If the conduct that precipitates the revocation of the OI/AC is a crime for which the offender is required to answer in a criminal court in the United States, including any state or local court with appropriate subject matter and personal jurisdiction, arrangements will be made with the Immigration and Naturalization Service (INS) for paroling the person for prosecution and for filing proper detainers to ensure he or she is available for prosecution at the required time