Judge-elect resigns after drug charges filed

Lake County's newly elected District Court judge has resigned after being accused of attempting to purchase and distribute drugs following a months-long investigation by state detectives.

Kenneth Britton Cotter, 48, was charged Dec. 24 with one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs. The investigation was conducted by the Division of Criminal Investigation. 

Cotter, who was set to be sworn in next month, formally resigned two days before the drug charges were filed, according to a letter he sent to Chief Justice Mike McGrath. The letter was shared with the Inter Lake by an advisor to Cotter's defense counsel.

Cotter was elected in an uncontested race in November to the seat for the court overseeing Lake and Sanders counties. He was to replace Judge Deborah “Kim” Christopher who faced a complaint filed in January 2024 by the Judicial Standards Commission. When Christopher withdrew for re-election and retired, Polson attorney John Mercer was appointed to fill the seat. 

According to charging documents provided to the Inter Lake, Cotter tried to purchase cocaine on more than one occasion between March 2022 to May 2023.  

Court documents indicate the Department of Justice was originally asked in March to look into a contracted attorney with the Office of the State Public Defender for fraudulent billing practices. That case remains under investigation, but evidence obtained in April allegedly showed text messages between Cotter and another person discussing an exchange of illegal drugs. 

"So did you get that stuff?" Cotter allegedly texted in May 2022 to a person identified as A. Doe in court documents. 

A. Doe replied, "Maaaaaybe." 

Cotter allegedly texted back, "So I'm seriously confused. Do I need to pick something up or not?" to which A. Doe replied, "3 balls, yes?" 

Charging documents indicate that a "ball" is a street term for referencing a quantity of cocaine, with a ball being 3.5 grams.

Cotter allegedly replied, "Yes," then "900?" 

A. Doe texted back, "Yep! I'll get it ready!" and later texted an address in Flathead County. 

Court documents detail other text messages allegedly exchanged between Cotter and A. Doe involving discussions about "blue vitamins" which could be a street term for fentanyl. 

"I'll get you some," Cotter allegedly told A. Doe.

Messages in July 2022 ended with the two allegedly agreeing on $900 in exchange for "that one thing." 

The investigation showed Cotter used the banking app Venmo to transfer the sum to A. Doe, and marked it as "legal fees." In October 2022, he allegedly transferred $1,200 to A. Doe. 

A September 2022 text exchange began with Cotter allegedly telling A. Doe "I need more medicine girl," with A. Doe replying, "I'm about to put in an order. How much?" Cotter then allegedly said he wanted "to do some off" A. Doe's chest. 

In November 2024, agents interviewed Cotter at his office in Polson, when he allegedly confirmed A. Doe was a friend but said they had not spoken in months. Cotter told agents he did not have a substance abuse issue and said he never purchased drugs from A. Doe, court documents state. He then ended the interview.  

In the course of the fraud investigation, Flathead County District Court Judge Amy Eddy met with Department of Justice agents and allegedly confirmed that she knew about the allegations against Cotter and had spoken to him about it. She was concerned because he was the judge-elect for Lake County, documents indicate, and on Nov. 18 Eddy called Cotter. 

During the phone call, Cotter allegedly told Eddy he had purchased cocaine from A. Doe "a long time ago," and that he stopped when he decided to run for judge. 

"I want to do the right thing and not embarrass the judiciary," Cotter allegedly told Eddy. 

Eddy told Cotter she would be making a report to the Judicial Standards Commission.  

The next day during training for new judges in Helena, Cotter reportedly pleaded with Eddy to not file a complaint, to which Eddy replied was not an option because she had an ethical obligation to report the information, documents state. 

Cotter later allegedly texted Eddy, "Would resigning have any impact on charges? I guess I'm asking if there is a deal to be made." 

In his official resignation, Cotter said defending himself against the charge would require his full attention, "as I work to protect my family and myself from the harm these allegations have already caused and will continue to cause."

"This decision, while heartbreaking, is one I believe to be in the best interest of my family, our community, and the broader legal community," the letter continued. "My wife, two sons, and extended family are the cornerstone of my life. Coaching youth sports and working alongside parents and community members to make our community a vibrant and welcoming place have been my greatest sources of fulfillment and joy. I am deeply grateful for the unwavering support of my wife, my family, and a community of remarkable friends who have stood by me during this challenging time.

"While it pains me to step away from the opportunity to serve them, I must focus on fighting for my name, my family’s well-being, and our future."

If convicted, Cotter could face 35 years in state prison along with a possible fine of up to $60,000. Cotter’s arraignment is scheduled for Jan. 8, 2025, at 11 a.m. 

Assistant Attorney General Meghann Paddock is prosecuting the case and was approved as special deputy county attorney by the Lake County commissioners. The case was assigned to District Judge Jennifer Lint of the 21st Judicial District in Ravalli County. 

According to Cotter's website, he graduated from Gonzaga Law and has been practicing since 2005 as both a county prosecutor and public defender.