DAYTON — The Montgomery County Clerk of Courts, accused of several crimes, has changed his plea.
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Mike Foley was originally scheduled to begin his criminal trial on Monday, but instead appeared in court and pleaded guilty to two misdemeanor counts of campaign solicitation violations.
The charges involve soliciting donations from his employees at the Clerk of Courts office.
“It was either like ignorance of clear ethical laws or callous disregard for them,” Judge Jonathan Hein, a visiting judge presiding over the case, said in court on Monday. “You know, everybody in the room knows what you did, you clearly shouldn’t do.”
As part of his plea agreement, the remaining charges were dismissed. He was also sentenced to 24 months of supervised probation, 40 hours of community service, five hours of ethics training, a $2,000 fine, and six months in jail suspended.
“So prove me right that you don’t need jail as a further motivation, that the whole learning experience and the whole economic sanctions are adequate,” Hein said. “If you can earn your way back into the public’s confidence, it’s by showing them that this is a one-off, ignorant or callous disregard problem, not a criminal problem.”
The state has also agreed not to pursue any further charges from the set of facts in this case.
Foley has also agreed not to retaliate against anyone who would have been on the witness list for his trial, including any of his employees.
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Foley’s attorney, Jon Paul Rion, told News Center 7 after the hearing that he does not think this is “an issue of trust at all.”
As shown on News Center 7 at 5:00, John Bedell asked Rion if Foley feels that there’s been any public trust affected by him facing and pleading criminal charges.
“It’s not a public trust issue,” Rion responded.
In a statement released following the hearing, Foley said he “naively took advice from former staff members and political leaders who may not have had [his] best interest at heart.” He added that the infractions were related to employees being asked to attend a cookout at his home as part of a team-building event.
“I have learned from my mistakes. I have restructured my office with a group of ethical professionals who have acted swiftly to institute measures and safeguards to ensure that these inadvertent actions never occur again,” Foley wrote.
As News Center 7 previously reported, Foley was indicted on 12 counts in July 2024 alongside former Montgomery County Western District Court Judge James Piergies. His initial charges include:
- Seven felony counts, including theft in office, unlawful use of a computer, unlawful interest in a public contract, as well as aiding the abetting in the unlawful interest in a public contract
- A misdemeanor charge of soliciting political contributions from public employees
- A misdemeanor charge of engaging in partisan political activity
The indictment was connected to an Ohio Auditor of State investigation that began in 2022 and found alleged improper political and other activities involving public resources.
He pleaded not guilty to all counts in August 2024, according to court records.
He pleaded no contest to misuse or unauthorized use of a computer and solicitation of campaign contributions on June 16, 2025, but withdrew his plea the next day.
Despite Democratic and Republican leaders’ calling for Foley to resign in the wake of his criminal indictment, he was reelected as Montgomery County Clerk of Courts in November 2024.
As previously reported by News Center 7, Piergies accepted a plea deal in May and pleaded guilty to charges related to misusing his public office.
He was accused of getting his son a job in Foley’s office.
Piergies received a 90-day suspended jail sentence, two years of community control, and a $750 fine. He also had to resign from the bench and complete 75 hours of community service.
In a statement sent out on Monday, Ohio Auditor of State Keith Faber reacted to Foley’s sentencing.
“The facts are clear: Clerk Foley engaged in illegal activity, soliciting campaign contributions from his staff,” Faber said. “We held these officials accountable, and Judge James Piergies and Foley paid the price for their actions. Justice was done.”
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