“The delay in enforcement of the law represents an ongoing harm to public integrity and confidence in government,” Esrati wrote in his writ. “Immediate action is necessary to prevent further unlawful exercise of public authority and to uphold the rule of law.”
A writ of quo warranto, Latin for “by what warrant,” is a legal document that challenges a public official’s ability to hold an office or brings forth other concerns about the scope of an official’s powers.
Esrati argues that Foley lost his eligibility to hold a public office when he was convicted of a fifth-degree felony count of unauthorized use of a computer and a misdemeanor count of soliciting political contributions from public employees.
Ohio law states that any person found guilty of a disqualifying offense — which can include felony theft offenses — cannot hold public office, according to court records.
In addition, public servants who are convicted of “a violation” of improperly soliciting campaign contributions are “disqualified from holding any public office, employment, or position of trust in this state for a period of seven years from the date of conviction,” according to the Ohio Revised Code.
Esrati said he filed the writ because he felt no one else was taking action — “So I did.”
“It’s absolutely crystal clear that he should have been removed from office,” Esrati told this news outlet. “He is not eligible to be in office, and all of these delays have just extended his paychecks. This is a travesty.”
Foley’s attorney, Jon Paul Rion, did not immediately return a request for comment.
Foley changed his plea from not guilty to no contest on June 16 as part of a plea agreement with the Ohio Auditor of State, where some of his charges were dropped. After convicting Foley on criminal charges, visiting Judge Jonathan P. Hein sentenced the Foley to a 12-month suspended jail term, 40 hours of community service with additional ethics training, 24 months of community control and $3,500 in fines.
The following day, Foley’s attorney filed a motion to withdraw the plea change, saying the agreement was not acceptable to his client.
“The spirit of the agreement was that there would be no consequences to Mike Foley other than what the court imposed,” said Rion on the day of the motion to withdraw his client’s plea. “I think there were representations that were made that at least create a concern as to whether or not it can be limited in that fashion.”
A spokesperson of the Ohio Auditor of State declined to comment on Foley’s attempted plea reversal.
Hein was reappointed by the Ohio Supreme Court to oversee the remainder of Foley’s case in the Montgomery County Court of Common Pleas. A status hearing for Foley’s criminal case has been scheduled for Wednesday.
Rion previously told this news outlet that if the plea withdrawal is approved, the case could continue toward a trial.
Foley was indicted last year alongside former Montgomery County Municipal Court Judge James Piergies. Charges against Foley and Piergies came two years after the clerk of courts office was raided by state auditor’s office investigators.
Piergies changed his plea to guilty in May as part of a plea bargain with state investigators. Hein sentenced him to up to two years of community control and 75 hours of community service. A 90-day jail sentence is suspended based on compliance with the community control sanctions. Piergies is also ordered to pay court costs and a $750 fine. The plea deal required Piergies to resign from office.
About the Author
