Former Judge-elect in Polson Receives Three-year Deferred Sentence for Felony Drug Charges
Britt Cotter in November 2024 was elected as a judge presiding over Lake and Sanders counties before he resigned amid felony cocaine charges
By Maggie Dresser
A Polson defense attorney who a year ago was supposed to take the bench as Montana’s 20th Judicial District Court judge will serve a three-year deferred imposition of sentence as well as conditions prohibiting the use of drugs or alcohol during the term.
Kenneth Britton “Britt” Cotter in November 2025 pleaded guilty to one felony count of solicitation to commit criminal distribution of dangerous drugs and two additional felonies for attempted criminal possession of dangerous drugs before District Court Judge Jennifer Lint of the 21st Judicial District in Ravalli County.
Following the plea agreement, Judge Lint imposed the sentence for all three counts, which will run concurrently, during a Jan. 9 hearing in Lake County. Cotter is also required to “participate in a program specifically designed to monitor and address [his] use of intoxicants.”
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.
“You let the devil of addiction get on your back and it took you down a terrible path,” Lint said. “You broke the law, you abandoned your morals, you likely violated professional responsibility — and that’s all a choice — but then you made an amazing choice, and that is you stopped. You came here to take accountability — you did a courageous thing, and it honestly makes me so sad that you are not going to be a part of this fraternity of judges.”
“You deserve to have a deferred sentence, you deserve to have the opportunity to have this dispelled from your record,” she added. “I have no control over what happens with your license — I think you deserve to keep your license.”
Cotter is at risk of disbarment, which the Montana Supreme Court has “exclusive jurisdiction” over.
Colin Stephens, Cotter’s Missoula-based defense attorney, described the sentence as “sufficient” for his client who has served Lake County for 20 years and said that while he acted “stupidly,” there was additional public pressure and stigma placed on him due to his status as an attorney.
Montana Department of Justice Assistant Attorney General Meghann Paddock, who is serving as a special prosecutor for Lake County, told the court that while Cotter made poor choices, he has taken accountability and that “addiction need not define a person.”
“We are optimistic that he will continue on his recovery and rehabilitation, and we wish him the best on that journey,” Paddock said.
During the sentencing hearing, Cotter apologized to the court for his actions.
“I am so very sorry for my bad behavior and I’m grateful and thankful for the people who have supported me,” Cotter said.
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.
In 2024, 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. After the allegations surfaced against Cotter, he notified Montana Supreme Court Chief Justice Mike McGrath in a Dec. 22, 2024, resignation letter that he would not proceed with taking the oath of office.
According to an affidavit filed by prosecutors, DCI Agent Cynthia Lengyel in April 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 Mercer’s term now runs through 2026.
Gianforte on Feb. 25, 2024 announced Mercer’s appointment.