Polson Defense Attorney and Lake County Judge-elect Pleads Not Guilty to Felony Drug Charges
Britt Cotter was elected in November to represent Lake and Sanders counties before resigning amid felony cocaine charges
By Maggie Dresser
A 48-year-old Polson criminal defense attorney who was supposed to take the bench this month as Montana’s 20th Judicial District judge pleaded not guilty Wednesday to three felony drug charges in Lake County.
Kenneth Britton “Britt” Cotter entered the plea via a video call during a Jan. 8 hearing in Lake County District Court before District Judge Jennifer Lint of the 21st Judicial District in Ravalli County. The defendant and his Missoula-based attorney, Colin Stephens, appeared for the hearing in-person in Ravalli County District Court.
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.
As part of the conditions of release, Judge Lint ordered Cotter to report to the Lake County Jail for a book-and-release photograph within 48 hours following the arraignment hearing.
A trial date has not yet been scheduled.
Prosecutors allege Cotter, a criminal defense attorney from Polson who voters in November elected to serve in the 20th 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.
Assistant Attorney General Meghann Paddock is serving as Special Deputy Lake County Attorney in the case.
Earlier this year, the Montana Attorney General’s Office and the Division of Criminal Investigation (DCI) was originally brought on to investigate a contracted attorney with the Office of the State Public Defender (OPD) when Cotter’s drug allegations came to light. The investigation related to the OPD-contracted attorney is ongoing, according to a Montana Department of Justice news release.
Cotter was the uncontested winner of the November 2024 election for the Lake County District Court judge position following the retirement of embattled Judge Deborah Kim Christopher. He notified Montana Supreme Court Chief Justice Mike McGrath in a Dec. 22 resignation letter that he would not 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.
According to an affidavit filed by prosecutors, DCI Agent Cynthia Lengyel in April of 2024 was assigned to investigate an attorney who had previously held an employment relationship with the OPD about fraudulent billing practices. In the investigation, she obtained text message exchanges between Cotter and the attorney identified as A. Doe pertaining to the attorney’s billing practices.
In the text communications dated on March 18, 2022, Cotter appears to have purchased “3 balls” from A. Doe, which the agent described as a “street-language term referencing the quantity of cocaine, with a ‘ball’ being 3.5 grams.”
Prosecutors also allege that a search warrant issued to the mobile payment service Venmo confirm Cotter made payments of $900 and $1,200 on two occasions in 2022.
During a Nov. 13, 2024 interaction with DCI agents at his office in Polson, Cotter denied purchasing drugs from A. Doe.
Cotter’s decision not to proceed with the oath of offices presents uncertainty surrounding the judicial post. Under a 2021 law, Gov. Greg Gianforte can directly fill vacant judicial seats that would have historically been filled utilizing the seven-member Judicial Nomination Commission, which the Legislature has since eliminated.
In March, Polson attorney John Mercer stepped in to fill an eight-month vacancy following numerous allegations of unethical performance including a judicial misconduct complaint against Judge Deborah “Kim” Christopher. After resigning in April after 24 years on the bench, Mercer’s appointment was supposed to end this month. However, following Cotter’s resignation, the new term runs through 2026 until the general election on Nov. 3.
Mercer has submitted an application to the governor for the appointment.