On Tuesday, December 24, 2024, Flathead Beacon reported that Kenneth Britton “Britt” Cotter, a newly elected judge for the Lake County District Court, resigned before taking office due to felony drug charges. Cotter, a criminal defense attorney from Polson, was slated to assume his position in January 2025 but is now facing serious legal allegations involving cocaine.
The charges against Cotter include one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted possession of dangerous drugs. The allegations stem from an investigation by the Division of Criminal Investigation (DCI) and the Montana Attorney General’s Office, which claims Cotter attempted to purchase cocaine from an individual on multiple occasions over a 14-month period starting in March 2022.
In a resignation letter addressed to Chief Justice Mike McGrath of the Montana Supreme Court, Cotter expressed his decision not to proceed with the oath of office, calling the choice “heartbreaking” but necessary for his family’s well-being and the integrity of the legal profession. He stated that defending himself against the charges would demand his full attention, resources, and efforts.
Cotter, who has no prior criminal record, won the election for the Lake County District Court position without opposition in November 2024. He was set to take over the role following the retirement of Judge Deborah Kim Christopher, who had faced her own controversies. In light of Cotter’s resignation, the judicial vacancy will prompt procedural steps to ensure that the position remains filled.
Governor Greg Gianforte has the authority to extend the appointment of John Mercer, who was appointed to fill the vacancy temporarily after Judge Christopher’s retirement. Mercer’s current appointment is scheduled to end in January 2025, coinciding with Cotter’s intended inauguration.
The criminal case against Cotter began in April 2024 when DCI Agent Cynthia Lengyel investigated allegations involving fraudulent billing practices linked to a contract attorney with the Office of the State Public Defender. As part of this investigation, historical text messages between Cotter and an identified individual were uncovered, suggesting attempts to purchase cocaine.
The messages included references to “3 balls,” a term understood in street language to denote a quantity of cocaine, with a “ball” corresponding to 3.5 grams. Additionally, court records indicated that Cotter made payments to this individual through the mobile payment service Venmo over two transactions in July and October 2022, amounting to $900 and $1,200.
On November 13, 2024, DCI agents interviewed Cotter at his office in Polson. During the meeting, he acknowledged knowing the individual involved but claimed they had not spoken in several months. He also admitted to being aware of the individual’s substance abuse problems but did not elaborate further, citing potential attorney-client privilege.
DCI agents also spoke with Flathead County District Court Judge Amy Eddy, who revealed that she had confronted Cotter about his suspected cocaine use. Judge Eddy indicated concern over Cotter’s role as the newly elected judge and reported that Cotter admitted to having purchased cocaine from the individual in question “a long time ago” but claimed to have ceased this behavior when he decided to run for office.
Following these revelations, Judge Eddy felt obliged to report the situation to the Judicial Standards Commission. After discussing the matter with Cotter, he reportedly inquired about the possibility of her not filing a complaint, suggesting that he was seeking a way to mitigate the consequences of the allegations.
Cotter has been summoned to appear in court for an arraignment hearing scheduled for January 8, 2025, at the Lake County Courthouse. Until then, he has been released under specific conditions, including restrictions on alcohol and drug possession, as well as a requirement to undergo a chemical dependency evaluation.
In his resignation letter, Cotter expressed gratitude to his family and the community, emphasizing their support during this difficult time. He noted that his family and community involvement have been sources of fulfillment in his life.
Source: Flathead Beacon
