Montgomery County judge, clerk of courts indicted; Dems call for them to step down

Jul. 31—Montgomery County Clerk of Courts Mike Foley and county Municipal Judge James Piergies were indicted Wednesday on charges including theft in office and unlawful interest in a public contract after an investigation uncovered alleged improper political and other activities involving public resources.

The Special Investigations Unit of the Ohio Auditor's Office began an investigation after receiving an anonymous complaint in October 2022 concerning solicitation of campaign contributions from employees and other political activities, among other allegations, Ohio Auditor of State Keith Faber announced Wednesday.

The investigation led to a raid in November 2022 at the Montgomery County Clerk of Courts office when a search warrant was served.

Foley and Piergies are scheduled to appear for arraignment Aug. 15 in Montgomery County Common Pleas Court and were each issued a summons.

Foley, 56, was indicted on a dozen counts: attempted unlawful interest in a public contract, three counts of complicity to commit unlawful interest in a public contract, two counts of theft in office, one count of unauthorized use of computer, cable or telecommunication property, and misdemeanor counts of solicitation of political contributions from public employees and prohibition against partisan political activity. The allegations in the indictment are alleged to have happened between June 1, 2019, and May 3.

Piergies, 72, was indicted on three counts of attempted unlawful interest in a public contract. The charges are for incidents between April 26, 2021, and May 3, according to his indictment.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Court records say the charges were presented Wednesday by a Montgomery County grand jury. The case is being handled by the Ohio Auditor's Office, led by Faber, a Republican. Montgomery County Prosecutor Mat Heck Jr. recused himself to avoid a conflict of interest.

READ THE FULL INDICTMENT BELOW

The Montgomery County Commissioners said Wednesday they are aware of the indictments.

In a statement, the commission said: "Voters entrust elected officials with representing our county's interest, without personal gain. While they sincerely hope these allegations are false, the County Commissioners will fully cooperate with the Auditor of State's investigation requirements."

Attorney, clerk question timing

John Paul Rion, an attorney representing Foley, said his client "100%" denies the charges against him.

"He questions the timing of these charges," Rion said. "We're in the middle of the election."

Rion said Foley was chosen as the nominee for the Republican party, and the filing of these charges at this time seems strategic.

The attorney said he was surprised that charges were brought before the prosecution tried to interview Foley to get his side of the story. Rion said the prosecution did not have the full picture of what happened before the case was presented to the grand jury.

"At the arraignment, he will enter a plea of not guilty to all of the charges," Rion said.

Doors locked, office closes early

The door to the Montgomery County Clerk of Courts Office was closed and locked at least as early as 3:43 p.m. Wednesday. No one answered a knock at the door and the buzzer directed a Dayton Daily News reporter to voicemail.

The office, in the Montgomery County Courts Building at 41 N. Perry St. in downtown Dayton, is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, according to its website.

Foley, who was elected in 2018 and is up for re-election in November, also released a statement on Wednesday. He said he and his office have cooperated with every step of the investigation since it began.

"This is an ongoing case and we will fully cooperate. I look forward to the opportunity to defend these charges. These charges have nothing to do with the daily operation of the office.

"My office has worked diligently for Montgomery County the entire time and will continue to do so," Foley said.

He previously served as an Ohio deputy registrar for 12 years and operated the regional state Bureau of Motor Vehicles in Huber Heights. A graduate of Ohio State University, he launched and operated the initial First Watch restaurants in Montgomery County and served as a medic in the U.S. Army and Ohio National Guard. He and his wife live in Oakwood and are parents to four adult children, according to his campaign website.

Judge's charges relate to son's job

The allegations against Piergies relate to his son's employment, Faber said.

Piergies is one of two full-time, elected judges who work for Montgomery County Municipal Court, according to the court's 2023 annual report. Piergies is the administrative judge who presides over the western division based in Trotwood, which includes the cities of Trotwood and Brookville; Clay, Jackson, Jefferson and Perry townships; and the villages of New Lebanon, Phillipsburg, Farmersville and Verona.

Piergies, who has served as a judge since 1995, earned his bachelor's degree from Bowling Green State University in 1974 and he graduated from the University of Dayton School of Law in 1980. He won re-election in the fall of 2019.

Foley opponent reacts to indictment

Democrat Lynn Cooper, Foley's opponent in November called Wednesday a sad day for the residents of the county.

"Even the hint of corruption in a public office, especially the clerk, the keeper of our courts' records, casts a dark shadow on our whole community. The citizens of Montgomery County vote with implicit trust in their elected officials to represent them with integrity and unshakable principle.

"It is with the utmost intention and reverence for public service that I'm seeking the office of Montgomery County Clerk of Courts and hope to deliver the exceptional service our community deserves," she said.

Dems call for judge, clerk to step down

Montgomery County Democratic Party Chairman Mohamed Al-Hamdani issued a call for both Foley and Piergies to resign.

"I would request and I would recommend to both of them to step down to restore people's faith in the courthouse and the justice system," Al-Hamdani said.

Al-Hamdani said he is "not surprised" by the indictments.

"We've known for a while that Foley and other Republicans have been misusing the courthouse for their own gain," he said.

The clerk of courts seat is a partisan position and Foley has long been a Republican. Races for municipal judge are nonpartisan, but election records show Piergies was a Democrat until voting as a Republican in the March 2024 primary.

Republican lawmaker calls for resignation

A Republican state lawmaker on Wednesday also said Foley and Piergies should step down.

State Rep. Niraj Antani of Miamisburg released the following statement: "Rooting out public corruption is incredibly important. No corrupt politician should stay in office. While I believe everyone is innocent until proven guilty, this indictment raises to the level that these officeholders should resign. Citizens in our region deserve ethical public officials."

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This is a developing story and will be updated as information becomes available.