A Lake County attorney who had been elected in November to serve as a judge in the 20th Judicial District covering Lake and Sanders counties pleaded not guilty on Wednesday to three felony drug charges. An investigation by the Montana Department of Justice’s Division of Criminal Investigation found that Kenneth Britton “Britt” Cotter, 48, had tried to purchase cocaine on multiple occasions between March 2022 and May 2023. Cotter has been charged with one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs. If convicted, Cotter could face up to 35 years in prison and a $60,000 fine. Cotter learned that he was the subject of a criminal investigation in December and soon after informed Montana Supreme Court Chief Justice Michael McGrath that he would not take the bench in the 20th Judicial District. The vacancy means that Gov. Greg Gianforte will be able to take advantage of a law passed in 2021 that enables him to directly appoint district court judges in the event of an opening. That process is expected to take until March. The case against Cotter began when the Department of Justice investigated allegedly fraudulent billing practices of another attorney in northwest Montana. As part of that investigation, the department secured text messages between someone identified as “A. Doe” and Cotter where the two discussed purchasing and using cocaine, according to charging documents. In one text exchange, Cotter wrote, “I need more medicine girl.” A. Doe responded, “I’m about to put in an order. How much?”According to prosecutors, investigators found two Venmo payments from Cotter to A. Doe that corresponded to the prices they discussed for drugs. On July 21, 2022, Cotter sent A. Doe $900 via Venmo for “Legal Fees” and on October 4, 2022, he paid $1,200 for “work.”In early 2024, Cotter announced he was running for the 20th District Court seat in Lake and Sanders counties after the previous judge, Deborah “Kim” Christopher, resigned following allegations of unethical behavior. Cotter ran unopposed and won the judgeship in November. Shortly after the election, Department of Justice investigators met with Cotter in Polson and asked him about his relationship with A. Doe. According to court documents, Cotter said he had not seen them for several years and that they had not spoken in several months. He also confirmed that A. Doe had a substance abuse issue but declined to discuss the matter further. Investigators then asked if Cotter had a substance abuse issue himself or if he had ever purchased drugs from A. Doe. Cotter denied both allegations and ended the conversation. Charging documents state that in late November, investigators spoke with Flathead County District Court Judge Amy Eddy. Eddy said that she had spoken with Cotter on Nov. 18, after learning about his alleged cocaine abuse. During that conversation, Cotter reportedly said that he had “bought cocaine from [A. Doe] a long time ago” but that he stopped when he decided to run for judge. Eddy told Cotter that she would be making a report to the Judicial Standards Commission about his alleged drug use. The following day, during a training session for newly elected judges in Helena, Cotter spoke to Eddy in person. He asked if there was any way she would not file a complaint. Eddy said that was not an option and that she had an ethical obligation to report it. Later he texted Eddy asking if he could have a “chance to resolve this.” according to charging documents. In another text, he wrote to Eddy, “Would resigning have any impact on charges? I guess I’m asking if there is a deal to be made.” On Dec. 22, Cotter wrote to Chief Justice McGrath informing him that he would not take the stand in January.“It has come to my attention that I am the subject of criminal charges brought against me by the Division of Criminal Investigation and the Attorney General’s Office of the State of Montana,” Cotter wrote. “Defending myself against these charges will require my full time, effort, and resources as I work to protect my family and myself from the harm these allegations have already caused and will continue to cause.”Cotter was formally charged on Dec 23. On Wednesday, Cotter appeared before Ravalli County Court District Judge Jennifer Lint and pleaded not guilty to all three charges. Cotter was ordered to report to the Lake County Detention Facility within 48 hours to be booked and released. The defense requested that Cotter’s booking photo not be released, and the judge approved the request. A trial date has not been set. With Cotter not taking the bench, Gov. Gianforte has the opportunity to appoint a second district court judge in just two months (he is currently soliciting applications for the 7th District Court covering Dawson, Prairie, McCone, Richland and Wibaux counties). Prior to the passage of Senate Bill 140 in 2021, a Judicial Nomination Commission vetted applications and submitted three to five names to the governor for consideration. But SB 140 eliminated the independent nominating commission and let the governor form their own advisory council to accept nominations and select a judge. The law was challenged in 2021 but upheld by the Montana Supreme Court. A second suit was brought in 2023 after reporters from the Choteau Acantha and Montana Free Press were kicked out of an advisory council meeting held to interview candidates in the 9th Judicial District, which covers Toole, Pondera, Glacier and Teton counties. A Helena district court judge ruled in favor of the media outlets that the interviews should have been open to the public, but the governor’s office later appealed the ruling to the Montana Supreme Court. As of this week, the court had yet to make a decision on the matter. As of Wednesday, Gianforte has received one application for the 20th District Court seat from John Mercer, who was appointed last year when the seat initially became open following the previous judge’s resignation. That appointment expired on Jan. 6. Applications are due by Monday, Jan. 13, at 5 p.m. After that, a 30-day public comment period will begin and Gianforte will have until March 15 to make his decision. Whoever is selected will remain on the bench until 2026, when another election will be held. In-depth, independent reporting on the stories impacting your community from reporters who know your town.The post Former judge-elect pleads not guilty to drug charges in Lake County appeared first on Montana Free Press.