In re the Detention of Kistenmacher

¶27

(concurring) — I concur in the result and with the majority’s analysis that there is no estoppel against the State. I write separately because I do not agree that the sexually violent predator (SVP) act, chapter 71.09 RCW, creates a statutory right to counsel at precommitment psychological evaluations. The plain language of the statute is ambiguous, and application of the canons of statutory construction does not support a right to counsel at these psychological evaluations.

Fairhurst, J.

¶28 Chapter 71.09 RCW was enacted to remedy the inadequate ability of Washington’s civil commitment…