Former judge-elect in northwest Montana pleads guilty to felony drug charges

KALISPELL, Mont. — A former northwest Montana judge-elect has pleaded guilty to three felony drug charges and agreed to a three-year deferred sentence after admitting he arranged to buy cocaine while working as a criminal defense attorney and running for district judge.

Kenneth Britton “Britt” Cotter of Polson entered guilty pleas in Lake County District Court to one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs, all felonies, under an acknowledgment and waiver of rights and plea agreement filed Nov. 21 in the 20th Judicial District. The case is assigned to District Judge Jennifer Lint.

Cotter was elected without opposition in November 2024 to the 20th Judicial District seat, which covers Lake and Sanders counties, but has since resigned the judgeship. In the plea document, Cotter states he reviewed the investigative file and potential penalties, understands his trial rights and waives them as part of the agreement.

Under the deal, prosecutors and Cotter will jointly recommend that he receive a three-year deferred imposition of sentence on each count, to run concurrently, allowing the felonies to be dismissed if he complies with all conditions. The agreement notes Cotter originally faced a maximum of 25 years in prison and a $50,000 fine on the solicitation charge and up to five years and $5,000 on each possession count.

The plea agreement requires Cotter to submit to a new chemical dependency evaluation, complete any recommended treatment, abstain from alcohol, marijuana and illegal drugs absent a prescription, and avoid bars and marijuana dispensaries. He must also cooperate with the Montana Office of Disciplinary Counsel regarding his law license, comply with any probation and monitoring conditions, avoid contact with witnesses, submit a DNA sample and pay prosecution costs, surcharges and fees tied to pretrial drug testing and preparation of a presentence investigation report.

The state’s earlier affidavit in support of filing the charges describes a series of text messages and Venmo payments between Cotter and a Jane Doe between March 2022 and late 2022 that investigators say show him repeatedly arranging to buy cocaine, including payments of $900 and $1,200 labeled as “legal fees” and “work.” It also recounts a November 2024 interview in which Flathead County District Court Judge Amy Eddy told agents Cotter admitted to her that he had bought cocaine from Jane Doe “a long time ago” and said he stopped when he decided to run for judge, adding that he did not want to embarrass the judiciary.

Cotter previously had been ordered to appear for arraignment Jan. 8, 2025, after the state sought leave in December 2024 to file the information formally charging him. The governor’s office received notice of the impending vacancy in the 20th Judicial District in late December; current Judge John Mercer, appointed after Judge Deborah Kim Christopher resigned in April 2024, serves through Jan. 5.

Cotter’s sentencing is set for January 9, 2026.