Missoula, MT – A Lake County attorney who won an uncontested election for district judge has preemptively resigned after facing felony drug charges. Kenneth Britton “Britt” Cotter, 48, was charged with attempting to purchase cocaine multiple times in 2022. The Montana Department of Justice filed the charges against Cotter on December 22, alleging solicitation to commit criminal distribution of dangerous drugs and attempted possession of dangerous drugs.
In a letter to Montana Supreme Court Chief Justice Mike McGrath, Cotter announced he would not assume office next month as scheduled. Cotter explained that defending himself against the charges would require his full attention and resources, adding that the decision was made in the best interests of his family, community, and the broader legal profession.
Cotter had been elected to the district court seat covering Lake and Sanders counties in the November election. His victory was uncontested, and he was set to take office in January 2024. However, following the felony charges, Cotter’s resignation has raised questions about his future in the legal field.
The charges stem from an investigation that began after the Office of the State Public Defender requested a review of fraudulent billing practices. The Montana Division of Criminal Investigation (DCI) was subsequently called in to examine communications between Cotter and a woman known as “A. Doe,” a Flathead County resident with a history of substance abuse. According to the affidavit, text messages from 2022 show Cotter attempting to purchase “three balls” of cocaine from Doe, as well as offering to supply her with “blue vitamins,” a reference believed to indicate fentanyl.
Further investigation revealed additional text messages, including one from July 2022 in which Cotter allegedly arranged a $900 drug transaction. A Venmo transaction on the same day, marked as a payment for “legal fees,” was linked to Cotter’s IP address in Polson. Another $1,200 drug deal was reportedly arranged in October 2023, with a corresponding Venmo transaction also noted the following day.
Cotter was interviewed by DCI agents in November 2023, shortly after his election victory. During the interview, Cotter acknowledged knowing Doe but denied purchasing drugs from her. He also denied having a drug problem. The investigation continued with interviews, including one with Flathead County District Court Judge Amy Eddy, who confirmed Cotter had previously admitted to buying cocaine from Doe in the past but had stopped when he decided to run for district judge.
Judge Eddy expressed concerns about Cotter’s actions and indicated her intention to report the matter to the Judicial Standards Commission. According to the affidavit, Cotter tried to persuade her not to file the report, citing his campaign for the judicial seat.
Cotter’s resignation comes as he faces potential penalties of up to 35 years in prison and $60,000 in fines if convicted on all charges. His arraignment is scheduled for January 8, 2024, before Judge Jennifer Lint of Ravalli County District Court.
