Convicted Montgomery County judge resigns: What happens next?

Credit: Daniel Susco

After a Montgomery County judge resigned from his seat earlier this month as a part of a plea bargain, it’s up to the Ohio governor to pick his replacement.

Former Montgomery County Municipal Court Judge James Piergies pleaded guilty to a misdemeanor charge of obstructing official business earlier this month. As a part of his plea deal, where felony charges of attempted unlawful interest in a public contract were dismissed, he had to resign from his seat.

Piergies was suspended from overseeing the Western Division of Montgomery County Municipal Court when he was indicted on felony charges in August 2024 alongside Montgomery County Clerk of Courts Mike Foley.

Since then, Montgomery County Municipal Court Judge William Cox has been overseeing both the Western and Eastern divisions of the court. This is permissible under state judicial assignment rules.

The Ohio Supreme Court received a May 10 resignation letter from Piergies — the day after his sentencing hearing.

“Circumstances dictate that I am unable to continue to complete my duties as a municipal court judge for the Montgomery County Municipal Court,” Piergies wrote in his letter to the state’s highest court. This news outlet received a copy of it through an Ohio public records request.

When judges resign from their offices, Ohio Governor Mike DeWine gets to pick who will take over that seat, said governor’s office spokesperson Dan Tierney. The Montgomery County Republican Party is tasked with providing recommendations to the governor’s office, as DeWine is a Republican.

Suspended Montgomery County Municipal Court Judge James Piergies is arraigned Monday morning, Aug. 19, 2024, before a visiting judge in Montgomery County Common Pleas Court. JIM NOELKER/STAFF

Credit: Jim Noelker

icon to expand image

Credit: Jim Noelker

The governor’s appointee will serve until voters pick a replacement in the general election this fall.

Judicial candidates Brandon Myers and Cindi Westwood have filed petitions to run for Piergies’ seat in the November election.

Although municipal court judge races are nonpartisan outside of primary elections, Myers is a registered Republican who works as a Miami County assistant prosecutor. Westwood is a registered Democrat and the acting judge of Vandalia Municipal Court. Both ran unopposed in the May primary.

Piergies was a Democrat until voting as a Republican in the March 2024 primary.

Piergies’ charges were related to the employment of his son. Piergies’ son told the Dayton Daily News his father arranged for municipal court money to fund the son’s IT position at the Montgomery County Clerk of Courts Office.

“The (auditor’s office) investigation related to the employment of Piergies’ son in the Montgomery County Clerk of Courts Office, though his salary was covered by a disbursement from Montgomery County Municipal Court, with the transfers signed by Piergies,” the auditor’s office said in a release.

About the Author