Kenneth Britton “Britt” Cotter, 48, who was recently elected District Court Judge for Lake and Sanders counties, has been charged with one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs. The Montana Attorney General’s Office announced the charges following a months-long investigation led by the Division of Criminal Investigation (DCI).
The investigation alleges that between March 2022 and May 2023, Cotter attempted to purchase cocaine multiple times. Court documents filed on December 23 cite text messages and confirm two Venmo payments made by Cotter in 2022—one for $900 and another for $1,200.
The charges carry significant potential penalties. If convicted, Cotter could face up to 35 years in prison and fines of up to $60,000.
In a letter, Cotter informed Chief Justice Mike McGrath of the Montana Supreme Court that he would not take the oath of office, citing the need to focus on his legal defense.
Cotter’s decision leaves the district without its elected judge. Governor Greg Gianforte had earlier appointed former legislator and Board of Regents member John Mercer to fill the gap following the resignation of Judge Deborah Kim Christopher in April 2024.
Cotter, a Polson-based defense and civil attorney with a private practice since 2009, ran unopposed for the district court seat in November 2024.
The charges have cast a shadow over Cotter’s career and raised concerns about judicial integrity. The case has been assigned to District Judge Jennifer Lint of the 21st Judicial District in Ravalli County. Assistant Attorney General Meghann Paddock will prosecute the case as a special deputy county attorney approved by the Lake County Commissioners.
Cotter’s arraignment is scheduled for January 8, 2025, in Lake County. As the legal proceedings unfold, the district court faces uncertainty, and Cotter’s decision not to take office underscores the gravity of the allegations. The investigation into related matters continues.