Joshua R. Kotter

Josh

jrkotter@mountainstateattorneys.com

Call Us: (406) 272-6302

Bio:

Joshua is a native Billings resident.  He attended Independent Elementary School, Castle Rock Middle School, and Skyview High School. Joshua is an experienced attorney and executive with significant experience in family law, civil litigation (generally), business and corporate law, and criminal defense. Joshua founded and currently works as the managing attorney for Mountain State Attorneys (a busy multi-state / multi-attorney law firm based in Billings, Montana). Joshua is a licensed attorney in several states within the U.S. And, Joshua has worked as General Legal Counsel for several large and sophisticated companies, and he previously worked as CEO in the business and corporate arena (hospital and healthcare industry).

Joshua obtained his Juris Doctorate and MBA degrees from Case Western Reserve University (a top 50, tier 1 U.S. law school, and a top 30 MBA program). Joshua obtained his Baccalaureate degree from Brigham Young University, where he studied political science and business administration. Joshua graduated Beta Gamma Sigma, in the top 5% of his graduate school class.

While attending graduate school, Joshua completed dual graduate degrees, served as president of two large, national, legal fraternities (Delta Theta Phi and the J. Reuben Clark Law Society).  He served as a board member on the international governing board for the J. Reuben Clark Law Society, managed the pleading practice for a busy plaintiff’s litigation firm, actively participated as a lead editor on a law journal, was awarded the highest honor possible (by his law school) for his legal doctoral dissertation, represented indigent clients (as 1st chair attorney) in criminal cases (as part of a free law school legal clinic), had two children with his wife (with a 3rd on the way when Joshua was graduating), and remained active in his church.

During his undergraduate years, Joshua ran for and won publicly elected office, at both state and county levels. During this same time, Joshua was also elected as the Executive Director for the Utah College Republicans/Democrats (specific affiliation redacted, as this site is not political in nature), and he oversaw the entire state-wide organization.

As general legal counsel for several significant business and corporate entities, Joshua was directly responsible for all legal matters affecting those organizations. Joshua was integrally involved in partnering a federally qualified health center and tribally designated entity with a critical access hospital, along with the U.S. Department of Housing and Urban Development (U.S. HUD), two (historically warring) sovereign Native American tribes, private lending institutions, and other private investors. This was done to achieve greater organizational efficiency, as well as greater financial success. According to U.S. HUD, this represented the first such partnering between those types of entities, in U.S. history. Joshua later handled many of the legal aspects of a merger and acquisition between his client-employer, and the hospital.

Joshua previously drafted and presented a $375 Million (annual) proposal to Utah State’s U.S. congressional delegation, which (at the request of federal legislators) outlined a plan and legal avenue for Joshua’s employer to take over trusteeship, from Utah State, for the Utah Navajo Trust Fund (“UNTF”). Joshua’s employer was a 501(c)3 non-profit healthcare company designated as a “tribal entity,” which allowed for “pass through” funding and the ability to handle U.S. federal funds designated for “Self Determination” by the Navajo Nation, pursuant to U.S. Public Law 93-638 (i.e., the “Self Determination Act”). The need for this proposal arose after Utah State announced it would no longer serve as the trustee for the UNTF. Pursuant to long-standing federal legislation, which created the UNTF, it was legally necessary and required for the UNTF to have a trustee, to maintain its funds for Navajo Native American people living in Utah State. Pursuant to this long-standing federal legislation, the UNTF is responsible to hold and manage 37.5% of all oil and gas royalties and profits, captured or produced from federal lands on the “Aneth Extension” of the Navajo Nation Reservation. The Aneth Extension is the portion of the Navajo Nation Reservation that exists inside Utah State’s borders. This percentage generally equates to approximately $375 Million, each year. Pursuant to the federal laws creating the UNTF, those funds are required to be used for economic development and benefit of Navajo peoples living on the Aneth Extension.

Joshua’s legislative proposal was accepted by the congressional delegation and was slatted to be put into draft federal legislative language. The proposal and plan required complex and intricate legal planning, as well as corporate restructuring. This was necessary to allow a single non-profit corporation to both act as trustee for the UNTF and to carry out its usual business of providing healthcare to Native Americans living on the Aneth Extension. The legal result of the proposal was successfully maintaining the corporation’s 501(c)3 non-profit and non-taxable status, housing both the healthcare company and the trusteeship for the UNTF within a single corporate entity (a requirement of the original federal legislation), while simultaneously segregating the risks and liabilities of the UNTF and the healthcare divisions–to ensure that neither could legally be held liable or responsible for the other’s debts or obligations. After obtaining approval from the company’s governing board, the U.S. DOJ (department of justice) attorneys confirmed that Joshua’s legislative proposal would successfully achieve all necessary objectives and legal requirements.

Joshua is gifted in legal practice, interpersonal relations, communications, and in executive leadership and management.

Outside the practice of law, Joshua enjoys serving his community in civic capacities. Joshua was first elected to political office in 2002 while still completing his college course work. Joshua has served as the board chairman for a community development corporation, as a board member on a city planning and zoning commission, and as a university adjunct professor, in business law. Joshua remains very active in his church, formerly serving as the head outreach minister (to people not of the same faith), formerly as a head youth minister and a Boy Scout, Scoutmaster. Finally, Joshua enjoys volunteering with the Billings YMCA, as a head youth basketball coach.

Above all else, Joshua enjoys spending time with his wife and four children (two boys and two girls, ages: 7, 10, 12, and 15), attending their various sporting events, including volleyball, basketball, soccer, and la crosse, and remaining engaged in his church, fraternal, and philanthropic activities. Joshua is a member in the fraternity of Freemasonry, and he is a 32nd degree Scottish Rite & Knight Templar, York Rite, Master Mason, as well as a “Past Master” (i.e., former president) of his masonic lodge (requiring election to that position).

Call Us: (406) 272-6302