Criminal Justice
Drug convictions bar lawyer from bench but not from practicing law
A criminal defense attorney whose felony drug convictions prevented him from becoming a judge can still practice law, according to a March 17 order from the Montana Supreme Court. (Image from Shutterstock)
A criminal defense attorney whose felony drug convictions prevented him from becoming a judge can still practice law, according to a March 17 order from the Montana Supreme Court.
Lawyer Kenneth Britton Cotter of Polson, Montana, will have to complete disciplinary proceedings dictated by the Montana Office of Disciplinary Counsel.
Cotter plead guilty in November 2025 to one count of solicitation to commit criminal distribution of dangerous drugs and two counts of attempted criminal possession of dangerous drugs. He is serving a three-year deferred imposition of sentence, according to coverage by the Flathead Beacon.
Before the drug allegations surfaced, Cotter was set to become a judge for the state’s 20th Judicial District Court in January 2025. He was elected in 2024 as a judge to preside over Lake County and Sanders County in Montana, according to the Flathead Beacon. He notified the state’s high court that he would not take the oath of office.
“In light of the sentencing court’s remarks and Cotter’s commitment to address his addiction and continue to serve his community in the practice of law, the court determines that Cotter’s actions demonstrate that, under the circumstances, the convictions will not adversely affect his ability to practice law so as to require the immediate interim suspension of his license,” according to the order.
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