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Montgomery County clerk, judge plead not guilty to charges

Montgomery County Clerk of Court Mike Foley and Montgomery County Municipal Court Judge James Piergies both plead not guilty on Monday to charges related to misusing public dollars and misusing their public office.

Foley faces felony charges including attempted unlawful interest in a public contract, complicity to commit unlawful interest in a public contract, theft in office, unauthorized use of computer, cable or telecommunication property, soliciting political contributions from public employees and engaging in partisan political activity.

On Monday, the 56-year-old was arraigned. Later in a news release, Foley maintained his innocence, calling these charges "nasty politics where people are resorting to blatant untruths in order to make themselves look better," said Foley.

Foley, a Republican, recently addressed the Montgomery County Republican Central Committee regarding these charges.

"These are politically motivated accusations that involve some dishonest and substandard former employees. I have stolen nothing, and I've done nothing to violate the public's trust,"Foley said. "I have always been a protector of taxpayer dollars while adding beneficial services to the people of Montgomery County."

Keith Faber, the Ohio Auditor of State, is also a Republican. In 2022, his office launched the investigation into Foley and Piergies.

Piergies, also a Republican, presides over the municipal court’s Western division in Trotwood. The 72-year-old is accused of attempted unlawful interest in a public contract related to his son’s employment with Montgomery County. The judge was also arraigned Monday.

Democrats weigh in

Meanwhile, county Democrats want both politicians out of office while they face legal charges. , who

"What we're asking is for the Republican Party to take responsibility and suspend both of them," Mohamed Al-Hamdani, who chairs the Montgomery County Democratic Party, said. "Doing so, I think, will go a long way to restoring faith in our judicial system."

He also contends both men are cheating taxpayers because even though Foley and Piergies are not serving, they’re still getting paid.

"After being indicted, every dime that they're being paid is coming out of public dollars. the taxpayers pay their salaries," Al-Hamdani said. "Then on top of paying their salaries while they're facing multiple charges, they’re going to court and the court is funded again mostly by public dollars."

Foley is also on the November ballot and he refuses to end his re-election campaign as county clerk.

"This is very personal to me. These accusations against me are against my character, my integrity and my values," argues Foley. "Besides being a proud county leader, I have a husband and a dad and a friend who always want to do good for everyone in this community. I'm extremely proud of the work that I've done and want nothing more than to continue."

Lack of local party support

But, the Montgomery County Republican Party said it won’t support Foley in his re-election attempt. He is not listed as a candidate on their website. Chair and State Rep. Phil Plummer told WYSO that Foley needs to stop campaigning.

"If you’ve got that many counts, you need to go," he said.

He believes Foley’s and Piergies' indictments are casting shadows on all local Republican candidates this November and he wants all elected officials to be held accountable.

"The elected official should be honest, they should follow the law and uphold the constitution they swore to uphold," Plummer said. "I don't tolerate this stuff. To me it’s more about the person doing the right job, serving the constituents than politics. So if you’re going to be a bad apple in my party, then you’ve got to go."

According to Plummer, the party has told Foley to step down and to stop campaigning, but it can’t force him out. Meanwhile, the Ohio Supreme Court removed Piergies from the bench during these legal proceedings. The Republican Party has not suspended either man.

In the coming weeks, Plummer says the party will vote whether or not to remove Foley from the Montgomery County Republican endorsement card.

Kathryn Mobley is an award-winning broadcast journalist, crafting stories for more than 30 years. She’s reported and produced for TV, NPR affiliate and for the web. Mobley also contributes to several area community groups. She sings tenor with World House Choir (Yellow Springs), she’s a board member of the Beavercreek Community Theatre and volunteers with two community television operations, DATV (Dayton) and MVCC (Centerville).

Email: kmobley@wyso.org
Cell phone: (937) 952-9924