Former Judge-elect in Polson Pleads Guilty to Felony Drug Charges
Britt Cotter, who was elected last year as a judge presiding over Lake and Sanders counties before he resigned amid felony cocaine charges, would receive a three-year deferred sentence under a plea agreement
By Maggie Dresser
A Polson defense attorney who last January was supposed to take the bench as Montana’s 20th Judicial District judge pleaded guilty on Friday to three felony drug charges in Lake County as part of a plea deal with prosecutors.
Kenneth Britton “Britt” Cotter entered the guilty pleas during a Nov. 21 hearing in Lake County District Court before District Judge Jennifer Lint of the 21st Judicial District in Ravalli County. In exchange for his guilty pleas, prosecutors and Cotter’s defense attorney have agreed to recommend a three-year deferred imposition of sentence, as well as conditions prohibiting the defendant from consuming drugs or alcohol during the term and requiring him to “participate in a program specifically designed to monitor and address [Cotter’s] use of intoxicants.”
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 defendant’s attorney, Colin Stephens, and Assistant Attorneys General Caitlin Creighton and Meghann Paddock, who are serving as a special prosecutors for Lake County, agreed to recommend that Cotter serve a three-year deferred sentence on each of the felony counts, which would run concurrently. Cotter will also have the “ability to withdraw the guilty plea” if during sentencing the judge imposes a harsher punishment than agreed upon, the lawyers said.
A deferred sentence functions like a probationary period. If Cotter successfully completes all conditions of the probation and stays out of trouble, the court can dismiss the charges; however, failure to comply with the conditions can result in the judge imposing the original sentence and requiring incarceration.
Cotter’s sentencing hearing is scheduled for Friday, Jan. 9, 2026 at 1:30 p.m.
Cotter, a criminal defense attorney from Polson who voters in November 2024 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.
Last 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.
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.”
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 last year not to proceed with the oath of office presented 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 2024, Judge Deborah “Kim” Christopher resigned after 24 years on the bench amid allegations of unethical performance, including a judicial misconduct complaint. Polson attorney John Mercer stepped in to fill the eight-month vacancy in an appointment that was supposed to end in February; however, following Cotter’s resignation, the Mercer’s term runs through 2026, when either the appointed judge or any other qualified lawyer can file to run in the general election on Nov. 3.
Gianforte on Feb. 25 announced Mercer’s appointment.