Special commission rules Montgomery County clerk of courts can stay in office

DAYTON — A special commission of judges appointed by the Ohio Supreme Court decided not to suspend Montgomery County Clerk of Courts, Mike Foley.

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As News Center 7 previously reported, Foley is accused of several crimes including theft in office and unlawfully asking public employees for political contributions.

His lawyer also told News Center 7 that his client has no plans to quit and is running for reelection in November.

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Also, in this case, Montgomery County Municipal Judge James Piergies is charged with three felonies.

While facing those charges, he is not allowed on the bench because of Ohio Supreme Court rules.

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A special three-judge commission issued the following statement in their determination.

“The special prosecutor failed to offer sufficient facts to warrant this Special Commission finding Mr. Foley continuing his role as Clerk of Courts would adversely affect the function of the office and/or adversely affect the rights and interests of the public. Accordingly, Mr. Foley shall not be suspended from public office.”

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Democratic and Republican party leaders have called for Foley and Piergies to resign following their indictments.

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