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newly elected district court judge poised to take the bench next month in Montana’s 20th 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 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.
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.
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Newly Elected Lake County District Court Judge Resigns Amid Cocaine Charges
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