Matter of Kenneth B. Cotter

Pamela D. Bucy

2 Chief Disciplinary Counsel P.O. Box 1099

Helena, Montana 59624

4 Tel: (406) 442-1648 buc montanaodc. or

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Office of Disciplinary Counsel

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BEFORE THE COMMISSION ON PRACTICE OF THE

SUPREME COURT OF THE STATE OF MONTANA

12 IN THE MATTER OF KENNETH B.

13 COTTER,

14 An Attorney at Law,

15 Respondent. Supreme Court Cause No. ODC File Nos. 24-265 and 24-269

COMPLAINT

Rule 8.4, MRPC

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17 By leave of the Commission on Practice granted on July 15, 2026, the Office 18 of Disciplinary Counsel for the State of Montana ("ODC"), hereby charges Kenneth

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B. Cotter with professional misconduct as follows:

General Allegations

1. Kenneth B. Cotter hereinafter referred to as Respondent, was admitted to

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23 the practice of law in the State of Montana in 2005, at which time Respondent took

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the oath required for admission, wherein Respondent agreed to abide by the Rules

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Complaint - Page 1 07/28/2026

Case Number: PR 26-0524

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of Professional Conduct, the Disciplinary Rules adopted by the Supreme Court, and the highest standards of honesty, justice and morality, including but not limited to, those outlined in parts 3 and 4 of Chapter 61, Title 37, Montana Code Annotated.

2. The Montana Supreme Court has approved and adopted the Montana Rules of Professional Conduct ("MRPC"), governing the ethical conduct of attorneys licensed to practice in the State of Montana, which Rules were in effect at all times mentioned in this Complaint.

Count One

3. ODC realleges and incorporates paragraphs 1 through 2 of the General Allegations as if fully restated in this Count One.

4. Respondent had filed for election to the Montana Twentieth Judicial District and was elected as a District Court Judge for Lake and Sanders County, November 5, 2024. On December 12, 2024, ODC received a copy of a report from a sitting Flafhead County District Court judge, pertaining to criminal conduct committed by Respondent.

5. On December 22, Respondent wrote to former Chief Justice McGrath, advising him that he was under investigation and subject to felony charges, and as a result, resigning his seat. The following day, December 23, 2024, Respondent was charged in Lake County District Court, with three (3) felony counts: one count of Solicitation to Commit Criminal Distribution of Dangerous Dmgs, and two counts Complaint - Page 2

of Attempted Criminal Possession of Dangerous Dmgs. State of Montana vs.

2 Kenneth Britton Cotter, Cause No. DC-2024-205. 3 6. The charging documents described that Respondent frequently exchanged

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texts and money with another Montana attorney (who has since been disbarred for

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^ other conduct), for the purposes of obtaining and using illegal dmgs. The two would 7 routinely meet to give and use illicit drugs, primarily cocaine, with one another. The

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two also exchanged provocative pictures and conversation, while facilitating their next opportunities to purchase or partake in dmgs with one another. (See State's 1 j Motion for Leave to File an Information and Affidavit in Su ort Dkt. 1.) These

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exchanges were in various locations in Lake County. They also discussed the other individuals who had drugs they sought and when they would receive them.

7. Respondent entered an Acknowled ment and Waiver of Ri hts and Plea A reement on November 19, 2025, pleading guilty to all three Counts, including Solicitation to Commit Criminal Distribution of Dangerous Drugs. On January 9, 2026, Respondent appeared before the Court for sentencing. At that time, he received a three-year deferred sentence for each of the three counts against him, all to mn concurrently.

8. Respondent had significant support from judges, lawyers, and therapists across Montana. The presiding judge noted that Cotter had let the "devil of addiction" on his back but had taken appropriate responsibility. Complaint - Page 3

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9. After receiving a copy of the Jud ment and sentencing transcript, ODC 2 filed a petition pursuant to Rule 23(B) of the Montana Rules for Lawyer Disciplinary

3 Enforcement ("MRLDE"), concerning Respondent's criminal conviction. In re the

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Matter of Kenneth B. Cotter, PR 26-0150. The petition posed to the Supreme Court

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whether Respondent's criminal charges impacted his ability to practice and whether 7 he should be suspended during the pendency of his disciplinary proceedings.

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10. Through his attorney, Respondent filed a response, and the Court denied ODC's petition. The Court found that Respondent did not need to be suspended in ^ the interim and directed ODC to evaluate Respondent's conduct as if it were any 12 other information coming to the office's attention. Notably, Justice Rice offered a

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dissent from the majority Opinion finding,

"The standard does not ask whether the lawyer has since acknowledged his error and is undertaking the honorable task of recovery. Respondent not only committed the offenses while practicing law, but he ran for the office of district court judge while committing his crimes and was on the precipice of assuming that office when, fortunately, the State forestalled this calamity and brought the charges, all of which demonstrated a reckless lack of judgement, honesty, and integrity by Respondent. .. I am not willing to accept a declaration that [addiction]

"runs thick in the legal community, " and certainly would not be willing to accept such a hyperbolic reasoning as justifying either the Respondent's criminal behavior or qualifying as a departure from the standards we are to apply. I would impose a suspension."

Complaint - Page 4

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Respondent's conduct and the Court's failure to issue an interim suspension 2 have been noted at several public meetings.

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11. Rule 8.4, MRPC, provides in pertinent part,

"It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflect adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Respondent committed violations of Montana law and the MRPC. By his 11 admission of guilt to three felony charges, Respondent committed criminal acts that 12 reflect adversely upon his honesty, tmstworthiness, and fitness as a lawyer. He

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knowingly induced, assisted, and participated with another lawyer, in violations of both Montana law and the MRPC. Respondent's conduct as outlined above i6 constitutes a violation of Rule 8. 4, MRPC.

17 WHEREFORE, the Office of Disciplinary Counsel prays:

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1. That a Citation be issued to the Respondent, to which shall be attached a

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copy of the complaint, requiring Respondent, within twenty-one (21) days after 21 service thereof, to file a written answer to the complaint;

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2. That a formal hearing be had on the allegations of this complaint before an Adjudicatory Panel of the Commission;

Complaint - Page 5

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3. That the Adjudicatory Panel of the Commission make a report of its 2 findings and recommendations after a formal hearing to the Montana Supreme

3 Court, and, in the event the Adjudicatory Panel finds the facts warrant disciplinary

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action and recommends discipline, that the Commission also recommend the nature

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and extent of appropriate disciplinary action, including an award of costs and

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7 expenses incurred in investigating and prosecuting this matter; and,

4. For such other and further relief as deemed necessary and proper.

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DATED this 28th day of July, 2026.

OFFICE OF DISCIPLINARY COUNSEL

By: ^ ^f

Pamela D. Bucy

Chief Disciplinary Counsel Complaint - Page 6

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CERTIFICATE OF SERVICE

I, Pamela D. Bucy, hereby certify that I have served true and accurate copies of the foregoing Complaint - Formal Complaint and Citation to Appear to the following on 07-28-2026:

Colin M. Stephens (Attorney)

315 W. Pine Missoula MT 59802 Representing: Kenneth B. Cotter Service Method: eService Commission on Practice (Other) PO Box 203005

Helena MT 59620-3005

Representing: Self-Represented Service Method: E-mail Delivery Electronically signed by Cathy Gordon on behalf of Pamela D. Bucy Dated: 07-28-2026

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