Judge-elect resigns, faces drug charges

A District Court judge has resigned before even taking office.

Last week, attorney Kenneth Britton "Britt" Cotter of Polson submitted his letter of resignation to Chief Justice Michael McGrath of the Montana Supreme Court, citing criminal charges Cotter is facing.

According to a press release from the Montana Attorney General's office, an investigation by the Division of Criminal Investigation (DCI) revealed Cotter, 48, tried to purchase cocaine on more than one occasion between March 2022 to May 2023. DCI was originally called in to investigate a contracted attorney with the Office of the State Public Defender. That investigation is ongoing.

Cotter ran unopposed in November for the 20th Judicial District seat vacated when Judge Deborah "Kim" Christopher retired earlier in 2024. The 20th District serves Lake and Sanders counties. Cotter was set to take the oath of office this week, but on December 23, the state of Montana filed three charges against Cotter, including one county of felony solicitation to commit criminal distribution of dangerous drugs and two counts of felony attempted criminal possession of dangerous drugs.

"Defending myself against these charges will require my full time, effort, and resources as I work to protect my family and myself from the harm these allegations have already caused and will continue to cause," Cotter wrote in his December 22 letter, which was obtained by the Flathead Beacon. "In light of these circumstances, I have made the difficult decision not to proceed with taking the oath of office to serve as District Court Judge for Lake and Sanders Counties, a position I was recently elected to and which falls within your jurisdiction. This decision, while heartbreaking, is one I believe to be in the best interest of my family, our community, and the broader legal community."

According to the charges filed in 20th District Court, in March of 2024, the state Division of Criminal Investigation (DCI) began investigating reported fraudulent billing practices. In the investigation, DCI obtained text messages between Cotter and a person identified as "A. Doe." DCI alleges that the messages, beginning in 2022, reference Cotter trying to buy "3 balls" which the affidavit said DCI Narcotics agents indicated "is a street-language term referencing the quantity of cocaine, with a 'ball' being 3.5 grams." In a separate message exchange, A. Doe told Cotter "$900 for same amount if that works" and Cotter referencing that he "can Venmo you if needed." A search warrant, according to documents, confirmed that Cotter sent A. Doe $900 through Venmo for "legal fees" the same day. The search warrant also discovered a payment from Cotter to A. Doe via Venmo of $1,200 on October 4, 2022.

When DCI agents met with Cotter in November 2024 regarding the fraud investigation, Cotter allegedly confirmed with the agents that he was aware A. Doe had a substance abuse issue but refused to discuss it further. "DCI agents asked the Defendant if he had a substance abuse issue. The Defendant said no. When asked if he had ever purchased drugs from A. Doe, the Defendant said no, and ended the conversation."

Court documents go on to state that on November 18, 2024, Flathead District Court Judge Amy Eddy called Cotter with concerns. "During their conversation, the Defendant admitted that he "bought cocaine from [A. Doe] a long time ago' and said he stopped when he decided to run for judge. The Defendant also told Judge Eddy that 'I want to do the right thing and not embarrass the judiciary.'"

After Judge Christopher's resignation, Gov. Greg Gianforte appointed Judge John Mercer to fill the seat until Cotter's swearing in, which had been scheduled for Jan. 6. On Monday, Gov. Gianforte began accepting applications and nominations to fill the court vacancy. The application form is available at nominatejudges.mt.gov and will be accepted until 5 p.m. Jan. 13. The public will have an opportunity to comment on nominations.

Cotter was admitted to the Montana State Bar in October 2005, according to the association's website. Cotter is set to make his initial court appearance in Lake County on January 8. If convicted, Cotter faces a maximum of 36 years in the Montana State Prison and fines of up to $60,000, according to the affidavit.

Assistant Attorney General Meghann Paddock is prosecuting the case and was approved as special deputy county attorney by the Lake County Commissioners. The case was assigned to District Judge Jennifer Lint of the 21st Judicial District in Ravalli County.