Montgomery County judge pleads guilty, to resign from bench

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

Credit: Jim Noelker

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

Montgomery County Municipal Court Judge James Piergies has pleaded guilty to a misdemeanor charge of obstructing official business in exchange for more serious felony charges and allegations of misusing his public office being dropped, according to court records.

Visiting Judge Jonathan Hein sentenced Piergies Friday 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.

There was no public notice of the plea deal or sentencing hearing. Hein allowed public access to the case file to be sealed from the public.

Piergies’ attorney did not immediately return a request for comment about his client’s sentencing.

Piergies has been suspended from the bench since August 2024 under state judicial rules because he was facing felony charges.

As part of the plea deal, Piergies is resigning from the bench, according to the Ohio Auditor of State’s office, which led the investigation and prosecution of the case.

“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.

Piergies was charged in July 2024 in Montgomery County Common Pleas Court along with Montgomery County Clerk of Courts Mike Foley.

Neither a spokesperson from Foley’s office nor Foley’s attorney immediately returned a request for comment about Piergies’ sentencing.

Piergies was indicted on three counts of attempted unlawful interest in a public contract.

Foley was indicted on a dozen counts: 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.

Court records indicate the case against Foley is still open, though public access to the case is also restricted through the clerk’s office Foley oversees.

“Judge Piergies used his public office as a vehicle for his own personal gain, and his actions damaged the public’s trust in our courts. We hope his guilty plea and resignation will serve as a reminder that no one is above the law,” said Montgomery County Democratic Party Chairman Mohamed Al-Hamdani.

“Unfortunately this is just the conclusion of one man’s involvement in this corruption scandal. Mike Foley must be held accountable for his own actions. The public’s faith in our justice system will not be restored until Foley resigns.”

Races for municipal judge are nonpartisan, but election records show Piergies was a Democrat until voting as a Republican in the March 2024 primary. Foley is a Republican, and was reelected in November.

The Montgomery County Republican Party chairman did not immediately return a request for comment.

The charges against Piergies were related to the employment of his son.

Records obtained by the Dayton Daily News show $200,000 in funds were transferred from the Montgomery County Municipal Court to the Montgomery County Clerk of Courts Office for information technology work over four years.

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 son, Robert Piergies, also told the Dayton Daily News his father pressured him to donate money to Foley’s campaign and helped secure employment in Montgomery County government.

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