Foley, indicted July 31 along with Piergies, faces a dozen counts. They include 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.
Piergies, 72, faces counts of attempted unlawful interest in a public contract. He was removed from the bench upon his indictment and is disqualified from acting as judge while facing felony charges, according to the Ohio Supreme Court.
Special prosecutors assigned to the case requested the two men be released on their own recognizance, under the agreement that they do not harass potential witnesses, according to court documents.
Credit: Jim Noelker
Credit: Jim Noelker
The Ohio Auditor of State’s Office launched an investigation into the clerk’s office in 2022. Piergies’ charges pertain to his son’s employment, according to state investigators.
The arraignment comes one week after Foley told fellow Republicans during a central committee meeting that he had no intention of stepping down and planned on running for reelection to his seat this fall, where he will face off with Democratic challenger Lynn Cooper. He has denied wrongdoing.
“These are politically motivated accusations that surfaced 90 days before my election. The truth will soon be uncovered through our judicial process,” said Foley in a statement released Monday afternoon.
Jon Paul Rion, Foley’s attorney, said his client’s position has not changed. Jay Adams, the attorney representing Piergies, declined to comment.
Montgomery County Democratic Party leaders on Monday ahead of the arraignment doubled down on their calls for Foley and Piergies to resign, saying under Ohio law Foley could be suspended from office.
“They’re using taxpayer dollars to essentially defend from their corruption,” Montgomery County Democratic Party Chairman Mohamed Al-Hamdani said during a Monday morning press conference at the courthouse.
Foley’s fellow Republicans also have called for the county official to step down. 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.
A phone conference has been scheduled for Foley and Piergies in the coming weeks.
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