A Lake County attorney who was elected judge but resigned before even taking the bench was sentenced to three years of probation Friday in the very courtroom he was once going to oversee.
Kenneth Britton “Britt” Cotter pleaded guilty in November to three felony drug charges — one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs — as part of a plea deal with prosecutors. Cotter received three three-year deferred sentences that will run concurrently, meaning he will not serve any jail time. He will also have to pay fees totaling $370.
The case against Cotter began in 2024 while the Montana Department of Justice was investigating the billing practices of another attorney in northwest Montana. As part of that investigation, the department secured text messages between someone identified as “A. Doe” and Cotter where the two discussed purchasing and using cocaine, according to charging documents.
In one text exchange, Cotter wrote, “I need more medicine girl.” A. Doe responded, “I’m about to put in an order. How much?”
According to prosecutors, investigators found two Venmo payments from Cotter to A. Doe that corresponded to the prices they discussed for drugs. On July 21, 2022, Cotter sent A. Doe $900 via Venmo for “Legal Fees” and on Oct. 4, 2022, he paid $1,200 for “work.”
In early 2024, Cotter announced he was running for the 20th District Court seat in Lake and Sanders counties after the previous judge, Deborah “Kim” Christopher, resigned following allegations of unethical behavior. Cotter ran unopposed and won the judgeship in November of that year.
Shortly after the election, Department of Justice investigators met with Cotter in Polson and asked him about his relationship with A. Doe. According to court documents, Cotter said he had not seen them for several years and had not spoken with them for several months. He also confirmed that A. Doe had a substance abuse issue but declined to discuss the matter further. Investigators then asked if Cotter had a substance abuse issue himself or if he had ever purchased drugs from A. Doe. Cotter denied both allegations and ended the conversation.
Charging documents state that in late November 2024, investigators spoke with Flathead County District Court Judge Amy Eddy. Eddy said that she had spoken with Cotter on Nov. 18, after learning about his alleged cocaine abuse. During that conversation, Cotter reportedly said that he had “bought cocaine from [A. Doe] a long time ago” but that he stopped when he decided to run for judge. Eddy told Cotter that she would be making a report to the Judicial Standards Commission about his alleged drug use. The following day, during a training session for newly elected judges in Helena, Cotter spoke to Eddy in person. He asked if there was any way she would not file a complaint. Eddy said that was not an option and that she had an ethical obligation to report it. Later, Cotter texted Eddy asking if he could have a “chance to resolve this,” according to charging documents. In another text, he wrote to Eddy, “Would resigning have any impact on charges? I guess I’m asking if there is a deal to be made.”
On Dec. 22, 2024, Cotter wrote to former Montana Supreme Court Chief Justice McGrath informing him that he would not take the stand in January. The following day, he was formally charged by the Montana Department of Justice. Cotter pleaded not guilty in January of last year, before taking a plea deal in November.
On Friday, Cotter appeared before Judge Jennifer Lint, a Ravalli County District Court judge appointed to handle the case. During her sentencing recommendation, Assistant Montana Attorney General Meghann Paddock quoted President Teddy Roosevelt in that “no man is above the law or below the law.” However, she applauded Cotter for seeking treatment in the year since he was charged and staying clean. The state and defense jointly recommended the deferred sentence. Besides the $370 in fees, Cotter will also have to cover the cost of his supervision by the Department of Corrections.
When asked if he had anything he wanted to say to the court, Cotter kept his remarks brief.
“I am so very sorry for my bad behavior, and I’m grateful to the people who have supported me,” he said.
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