Founder & Managing Partner
jrkotter@mountainstateattorneys.com
Josh is an experienced attorney and executive with significant experience in civil litigation, business and corporate law, generally, with specific emphasis in the healthcare industry, and in criminal defense. Joshua was the sole founder of, and he currently works as the Managing Partner for, Mountain State Attorneys (a busy multi-state law firm). Joshua is licensed as an attorney in several jurisdictions, he is eligible for possible licensing in the United Kingdom (where he previously lived for several years). Joshua has served in many executive management positions in healthcare administration, including many positions as General Legal Counsel for hospitals and healthcare organizations (as well as non-healthcare organizations). And, Joshua previously served and worked as the Chief Executive Officer (CEO) in and for several hospitals and healthcare systems.
Desiring to follow in the footsteps of both his grandfathers (see “***” below), and much to the chagrin of his mother, Joshua joined the U.S. Army at the age of 17 (requiring his parent’s permission). Joshua chose to enlist as an Infantryman (11 Bravo & 13 Charlie MOS’s), requiring attendance at Basic Training at Fort Benning, Georgia the summer following his high school graduation. However, due to Joshua’s grades and college entrance exam results, Joshua was offered admission to a U.S. Army military academy, which automatically negated his enlistment. Due to academy and U.S. Army requirements, instead of attending enlisted Basic Training at Fort Benning, Georgia, Joshua attended pre-academy officer Basic Training immediately following his graduation from Skyview High School in Billings, Montana. In and during this training, Joshua was selected as the cadet platoon commander for his platoon and, then later, as the cadet company commander during training. During this training, Joshua’s platoon (the “Rough Riders”) won nearly every competition amongst and between all the platoons, companies, and the several battalions—that entire summer (comprising approximately 2,500 to 3,500 cadet trainees). At the conclusion of pre-academy training, Joshua’s platoon was awarded and determined to be the top (#1) platoon during that summer of training, and Joshua’s company was awarded and determined to be the top (#1) company during the same training. [*** both of Joshua’s grandfathers were decorated U.S. military war heroes: Paternal Grandfather (Cleon Kotter, Logan, Utah) — WWII, designed, improved, and repaired HIGHLY TOP SECRET radar systems in the U.S. Navy; Maternal Grandfather (Don Briggs, Whitehall, Montana) — Korean War, Gunnery Sergeant (Sergeant First Class) in the U.S. Army, headed up large caliber artillery units, where he was offered between 7 and 9 war-time field officer commissions (as a commissioned officer) due to his tremendous bravery, capabilities, and leadership, all of which field promotions he turned down so that he could remain with the men and troops in his platoon].
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 – at the time of his graduation).
During his time at Case Western Reserve University, Joshua was elected and served as the President of two separate, large, national legal (law school) fraternities (Delta Theta Phi & the J. Reuben Clark Law Society). Joshua was awarded the highest award and honor possible for his legal doctoral dissertation. Joshua separately won 1st place in both his law school’s and his MBA program’s public speaking competitions. Also during graduate school, Joshua completed dual graduate degrees; he was asked to and served as a member of the student international governing board for the J. Reuben Clark Law Society; he worked in a private law firm and managed the pleading practice for a busy plaintiff’s litigation firm (where, under his tenure, the firm never lost a litigation motion); he served as the executive director and as a lead editor for the law school’s legal journal; he worked in a legal clinic that represented indigent clients, as 1st chair attorney, where he handled and tried criminal defense cases; he had two children with his wife (with a 3rd on the way at the time of graduation); and he remained very active as a minister in his church. Joshua graduated Beta Gamma Sigma in (i.e., in the top 5% of) his graduate school class.
Joshua obtained his Baccalaureate degree from Brigham Young University, where he studied political science and business administration. During his undergraduate years at Brigham Young University, Joshua founded the Henry Mwesigwa Educational Fund, through which he raised and provided approximately $28,000 (in cash & in-kind donations) to help underprivileged students from Third-World Countries travel to and obtain their education at colleges and universities in First World Countries. Henry Mwesigwa was the first recipient from these funds. Also 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, and he oversaw the entire state-wide organization.
As general legal counsel for several significant corporate entities, Joshua is accustomed to being directly responsible for all legal matters affecting such 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 (the Navajo Nation and the Ute Mountain Ute Tribe), private lending institutions, as well as private investors. This was done to achieve greater organizational efficiency, as well as greater financial success. According to U.S. HUD and the U.S. DOJ, this represented the first such partnering—ever—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 (a 501(c)3 non-profit healthcare company) designated as a “tribal entity”—enabled “pass-through” Medicaid funding to be provided, as well as the ability to handle U.S. federal funds designated for tribal Native American “Self Determination,” pursuant to U.S. Public Law 93-638 (the “Self Determination Act”). The need for this proposal arose after Utah State announced it was no longer willing to serve as the trustee for the UNTF. Pursuant to long-standing federal legislation that created the UNTF, it was legally required for the UNTF to have a trustee, in order to maintain and administer its funds for the benefit of Navajo people living in Utah State. Pursuant to the 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” (i.e., the Utah portion of the Navajo Nation Reservation). 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 for the benefit of Navajo peoples living on the Aneth Extension.
Joshua’s legislative proposal was accepted by the congressional delegation and was slated to be put into draft federal legislative language. The proposal and plan required complex and intricate legal planning, as well as corporate restructuring for Joshua’s employer. This was necessary to allow a single non-profit corporation to both act as trustee for the UNTF, as well as 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 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 as an executive and leader.
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 undergraduate coursework. 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 ran a moderately successful campaign for the state senate in 2016, unexpectedly beating a previously incumbent state legislator in the primary race. However, ultimately, Josh lost the 3-way primary election. Joshua also remains very active in his church, currently serving as a teaching minister, to other ministers. In the past, Joshua has served in his church as the lead outreach minister to people not of the same faith and, multiple times, he has served as the head youth minister and Boy Scout Scoutmaster. Finally, Joshua enjoys volunteering with the YMCA as a head youth basketball coach.
Above all else, Joshua enjoys spending time with his Wife, Jenise, and his four beautiful children: Anika, Aiden, Alexander (we call him Zander), and Avarie, as well as attending his children’s various sporting events (including volleyball, basketball, soccer, cross country, track, and lacrosse), and remaining active in his church, fraternal, and philanthropic activities. Joshua is an ordained minister in the Church of Jesus Christ of Latter-day Saints, he is a Master Mason within the fraternity of Freemasonry, and he is a 32nd Degree Scottish Rite & a Knight Templar York Rite Master Mason. Joshua is also a “Past Master” (former elected and past serving President) of his Masonic lodge.
AVantGarde Law is a limited liability company, and it is not a partnership. As such, any designation of “partner” attorney(s) on our website, merely represents AVantGarde Law’s utilization of the traditional nomenclature for law firm titles, to indicate management, seniority, and leadership within the firm. Any use or designation of “partner” does not indicate any ownership, partnership, or anything similar, under, or related to, business and corporate law.