In re the Detention of Kistenmacher

¶1 Alfred E. Kistenmacher appeals from a jury’s determination that he is a sexually violent predator under chapter 71.09 RCW. We hold that the trial court did not err in admitting evidence of a psychologist’s evaluation performed in the absence of Kistenmacher’s attorney. We hold that a psychological examination under chapter 71.09 RCW is not a proceeding in which the right of counsel attaches.

*74¶2 We also hold, regardless of a state employee’s advice that Kistenmacher could have his attorney present at his psychological evaluation and Kistenmacher’s subsequent request for his attorney’s…