Former Lake County judge-elect avoids jail in drug case sentencing

Kenneth Britton “Britt” Cotter, a Lake County attorney who had been elected judge but resigned before taking the bench, was sentenced Jan. 9, 2026, to three years of probation after pleading guilty to three felony drug charges as part of a plea agreement. The charges included solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs.

Under the plea deal, Cotter received three concurrent three-year deferred sentences and was ordered to pay fees totaling $370 and to cover the cost of his Department of Corrections supervision. "Cotter received three three-year deferred sentences that will run concurrently, meaning he will not serve any jail time." Charging documents referenced text-message evidence that helped prompt the case, and prosecutors say the investigation grew out of an earlier probe into another attorney’s billing.

State and defense attorneys jointly recommended the deferred sentences in light of Cotter’s participation in treatment and continued sobriety since the charges were filed. The agreement places emphasis on rehabilitation and supervision rather than incarceration, while still recording felony convictions that could affect his legal standing and any future ability to practice or serve in public office.

Although the case began in Lake County, the outcome matters to Lewis and Clark County residents because Helena is the state capital and Montanans here follow developments in the bench and bar closely. Elected judges resigning before taking office create administrative ripple effects: vacancies must be filled, local election outcomes are called into question, and public confidence in the legal system is tested. For people who interact with courts or rely on public officials, the handling of attorney misconduct sets expectations about accountability and consequences.

The presence of text-message evidence and the investigation’s link to another attorney’s billing probe underline broader concerns about professional conduct and oversight among lawyers across the state. Deferred sentencing tied to treatment highlights a tension many communities face between punitive and therapeutic responses to substance-related offenses, particularly when the defendant once held a position of public trust.

The takeaway? Monitor county commission and judicial-appointment notices so you know who is on your local bench, and follow public records if you want clarity on how these cases affect court administration. Holding officials accountable means watching both the outcome in court and the follow-through on supervision and treatment plans. Our two cents? Stay engaged at hearings and meetings where judicial vacancies and appointments are decided—local oversight is the clearest way to protect the integrity of the courts you rely on.