Judge recuses herself in Dow cellphone case

Having heard Havre City Council member Rick Dow's not guilty plea last week, City Judge Margaret Hencz has stepped aside for all remaining court activity on the case.

Hencz requested Justice of the Peace Audrey Barger handle that case to avoid possible conflicts associated with presiding over a case involving another city employee.

"The City Council is the fiscal oversight for the court, and I just thought that would have the appearance of impropriety, " Hencz said.

Dow has an omnibus hearing scheduled one month from today on the way to a trial jury. He requested the trail for a traffic ticket which he received under the ordinance passed last year banning the use of handheld electronic communication devices while operating a motor vehicle.

Dow, a vocal opponent of the ordinance, is fighting the case on the basis that he was not using the phone, merely holding it in his hand while gesturing.