KALISPELL, Mont. — An elected district court judge in Montana is facing drug charges after a months-long investigation by the state Division of Criminal Investigation.
Kenneth Britton “Britt” Cotter, of Polson, is charged with one count of criminal distribution of dangerous drugs and two counts of criminal possession of dangerous drugs.
The charges stem from allegations that Cotter attempted to purchase cocaine multiple times between March 2022 and May 2023.
Cotter, a criminal defense attorney, was elected in November to serve in the 20th Judicial District, which includes Lake and Sanders counties.
It was an uncontested race. Amid the charges, Cotter will not take the oath of office next month as planned. He has also resigned as a district court judge.
Assistant Attorney General Meghann Paddock is prosecuting the case, which has been assigned to District Judge Jennifer Lint of the 21st Judicial District in Ravalli County.
If convicted, Cotter faces up to 35 years in prison and a fine of up to $60,000. His arraignment is scheduled for January 8, 2025 at 11 a.m. in Lake County.
On December 26, the governor’s office received notice of the judicial vacancy in the 20th Judicial District.
Governor Gianforte appointed the current incumbent Judge, John Mercer, after Judge Deborah Kim Christopher resigned in April 2024. Mercer’s term ends on January 5, so the vacancy starts on January 6.
An official with the Governor’s office will issue a vacancy notice to begin the process of filling the vacancy.
NBC Montana obtained the affidavit from the Lake County District Court. You can read the documents in full below.