Newly Elected Lake County District Court Judge Resigns Amid Cocaine Charges

A newly elected district court judge poised to take the bench next month in Montana’s 20^th Judicial District will not proceed with the oath of office amid felony drug charges filed against him this week in Lake County.

Prosecutors allege Kenneth Britton “Britt” Cotter, a criminal defense attorney from Polson who voters in November elected to serve in the 20^th Judicial District representing Lake and Sanders counties, bought or tried to buy cocaine from an individual on multiple occasions over a roughly 14-month period beginning in March 2022.

Cotter is charged in Lake County with one felony count of solicitation to commit criminal distribution of dangerous drugs and two additional felonies for attempted criminal possession of dangerous drugs. He faces a maximum sentence of 35 years in the Montana State Prison and a fine of $60,000.

The case was brought against Cotter, who has no criminal history, by the Division of Criminal Investigation (DCI) and the Montana Attorney General’s Office. The special prosecutors in the case are Deputy Attorney General David Ortley and Assistant Attorney General Meghan Paddock, who will serve as special deputy Lake County attorneys.

An arraignment hearing in the matter is Jan. 8 at 11 a.m. at the Lake County Courthouse.

Cotter was the uncontested winner of the November 2024 election for the Lake County District Court judge position, a seat for which he became eligible after the retirement of embattled Judge Deborah Kim Christopher.

In a Dec. 22 resignation letter to Chief Justice Mike McGrath of the Montana Supreme Court, Cotter notified the jurist of his decision not to proceed with taking the oath of office.

“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 letter, a copy of which was provided to the Beacon with Cotter’s permission.

“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,” the letter states.

Cotter has enlisted private attorney Colin Stephens as defense counsel, according to a source familiar with the case.

Cotter’s decision not to proceed with the oath of office sets into motion a series of procedural steps to ensure the judicial post isn’t empty.

In March, following Judge Christopher’s retirement, Gov. Greg Gianforte appointed Polson attorney John Mercer to fill the vacancy for an eight-month period, which was set to conclude in January 2025, when a newly elected judge would be seated. Because Christopher withdrew her bid for reelection to a new six-year term in March, Cotter was the only candidate to appear on the November ballot.

With Cotter’s decision not to proceed with the oath of office, Gianforte can extend Mercer’s appointment until Nov. 4, 2025, which is the next opportunity for voters to elect a new judge, or he can seek to make a new appointment.

The criminal case against Cotter began in April when DCI Agent Cynthia Lengyel was assigned to investigate the criminal and civil defense attorney’s fraudulent billing practices, according to an affidavit in support of the charges.

During her investigation, Lengyel obtained historical text messages between Cotter and an individual identified in charging documents as “A. Doe.” In one text exchange dated March 18, 2022, Cotter appears to have arranged to purchase “3 balls” from A. Doe, which the narcotics agent described as a “street-language term referencing the quantity of cocaine, with a ‘ball’ being 3.5 grams.”

The court records include other text exchanges in which Cotter and A. Doe appear to discuss the sale of illegal drugs. Prosecutors also allege that a search warrant issued to the mobile payment service Venmo confirm Cotter made payments to A. Doe on two occasions in July and October 2022 of $900 and $1,200, respectively.

On Nov. 13, 2024, DCI agents met with Cotter at his office in Polson, where he confirmed that A. Doe was a friend of his, but that it had been several years since he had seen A. Doe and several months since they had spoken.

Cotter confirmed that he was aware that A. Doe had a substance abuse issue but refused to discuss it further, records state. He did not clarify whether he was refusing to do so outright, or if he was claiming that it was attorney-client privileged information.

The Beacon independently confirmed that A. Doe is not and never has been Cotter’s legal client.

However, when asked by the DCI agents whether Cotter had ever purchased drugs from A. Doe, he said he had not and ended the conversation, according to records.

Also in November 2024, DCI agents interviewed Flathead County District Court Judge Amy Eddy about the allegations against Cotter. Eddy confirmed she had recently confronted Cotter about his cocaine use and told the investigators she was concerned because Cotter is the “Judge-Elect for Lake County District Court.”

Judge Eddy told the agents that on Nov. 18, 2024, she’d called Cotter and had a conversation with him about her 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,” court records state. “The Defendant also told Judge Eddy that ‘I want to do the right thing and not embarrass the judiciary.’”

Judge Eddy told Cotter she planned to make a report to the Judicial Standards Commission.

On Nov. 19, at a training for newly elected judges in Helena, Cotter spoke with Judge Eddy during the lunch break and asked if there was any way she “wouldn’t file” a complaint, records state. Eddy told Cotter that was not an option and that she had an ethical obligation to report it.

Cotter left the training during the lunch hour and did not return for the remaining days of the program, but later sent Eddy messages asking her to change her mind and give him a “chance to resolve this.”

“Judge Eddy responded that she would be filing a complaint. The Defendant responded asking her ‘can you give me until Monday to resign please?’” the records state. “The Defendant followed up with another text that included the following: ‘Would resigning have any impact on charges? I guess I’m asking if there is a deal to be made.’”

Cotter has been issued a summons to appear in court for his arraignment but will remain released on conditions including that he not possess alcohol or drugs and that he obtain a chemical dependency evaluation.

“My wife, two sons, and extended family are the cornerstone of my life. Coaching youth sports and working alongside parents and community members to make our community a vibrant and welcoming place have been my greatest sources of fulfillment and joy,” Cotter’s letter to McGrath states. “I am deeply grateful for the unwavering support of my wife, my family, and a community of remarkable friends who have stood by me during this challenging time. Their love, generosity, and encouragement mean more to me than words can express. The people of Lake and Sanders Counties are resilient and strong, as you well know. While it pains me to step away from the opportunity to serve them, I must focus on fighting for my name, my family’s well-being, and our future.”

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