On July 31, 2024, Mike Foley, the Montgomery County Clerk of Courts, was indicted on twelve criminal counts, ranging from unauthorized use of government resources to soliciting political contributions from public employees. It was the culmination of a lengthy investigation, led in part by the State Auditor’s Special Investigation Teams lawyer, Thomas Anger, that stretched back at least two years. It likely began when Tyler Starline, a former employee of Foley’s office, blew the whistle on illegal behavior.
Almost a year later, on June 17, 2025, after what was described in court as “extensive negotiations,” Foley entered a no contest plea to Count 8, unauthorized use of a computer, a fifth-degree felony, and Count 11, solicitation of political contributions from public employees, a first-degree misdemeanor. In exchange, the remaining ten counts were dismissed. The Court entered a termination entry that same day, sentencing Foley to community control. [1]
What came next, was an immediate request to retract the plea deal by Foley’s attorney, Jon Paul Rion. But the public never saw it. The withdrawl plea entry was sealed until July 3, 2025.
It was in this fog of secrecy that I, an ordinary citizen, filed a Quo Warranto action on June 24, 2025. I wasn’t guessing. I had reviewed the plea and the law. And let’s be clear. I filed my action a week after the plea deal was entered, not before.
Yet now the narrative being spun by Foley’s defense team [2], led by Jon Paul Rion, is that my legal action somehow forced their hand. That my filing caused a “manifest injustice” which necessitated withdrawing the plea. This is a lie, but one that was accepted by the court. The motion to withdraw the plea, also filed under seal, didn’t become visible until Judge Jonathan Hein unsealed it last week, noting there was no reason the public shouldn’t have seen it from the start.
The Real Injustice
Judge Hein granted the withdrawal motion on the grounds that Foley now faces “prejudice.” According to his ruling, that includes:
- The time and expense of defending a lawsuit (mine) in the Court of Appeals
- The uncertainty of litigation outcomes
- The possibility of removal from elected office
- The irreversibility of being removed from office via Quo Warranto
Let’s be blunt. That’s what happens when you break the law. These aren’t prejudicial consequences. They’re statutory. You enter a no contest plea, which is legally indistinguishable from a guilty plea, and you face the consequences prescribed by law, especially as a public official. That includes automatic removal from office for felony conduct under R.C. 2961.01 [3] and .02 [4]
There is no clause in the Ohio Revised Code that says, “unless the guilty party wants to keep their job illegally.”
The Collapse of Accountability
Rion’s claim in court that the prosecution and defense were aligned in trying to structure a plea deal that wouldn’t trigger removal is, in itself, an admission of attempting to circumvent the law. Judges, prosecutors, and defense attorneys are all officers of the court, sworn to uphold the law, not game it.
And yet that’s what appears to have happened here.
No ordinary citizen would be given this level of latitude. No regular person could have 10 charges disappear, avoid jail, and then, after a plea is entered and sentencing recorded, simply request a mulligan and walk it back. But Foley isn’t ordinary. He’s an elected official with power over patronage jobs, court systems, and political machinery. And so this deal was made in darkness, sealed from the public, and defended as if the law didn’t matter.
What Happens Next
Judge Hein’s ruling to allow the withdrawal is now public. But the full docket still isn’t. A lot of documents remain sealed, including warrants, transcripts, and motions that could show the full extent of what Foley was accused of and how the state chose to dispose of it behind closed doors.
In fact, in order for the appeals court to rule on this, I believe that all the evidence should be laid open for the public to see. To know what the other 10 indictments penalties would be- to show how much of a sweetheart deal our corrupt Judge, corrupt lawyers for the State Auditor, and our Corrupt Clerk of Courts were willing to ignore to help a “goodfella” out. Yes, this is the behavior of the mob, of organized crime. The “Culture of Corruption” is alive and well, and this case is just another example.
My Quo Warranto case proceeds (with an entire visiting court of appeals – since the whole court recused themselves on Thursday) and it does so independently of whatever happens in Foley’s criminal case. His team’s decision to withdraw the plea doesn’t erase the fact that a plea was entered and sentencing imposed. That’s not a procedural hiccup, that’s a legal reality that Ohio law doesn’t let you ignore. And I intend to see it through.
But this case has revealed something bigger than Foley’s guilt or innocence. It has shown how opaque, unaccountable, and selectively applied our justice system can become when the accused sits in a position of power. The law should work the same for everyone, or it works for no one.
Why This Matters
This case is about more than Mike Foley. It’s about how justice works, or doesn’t, when the defendant wears a title and controls jobs and budgets.
If Foley were a poor Black man in West Dayton, he’d already be behind bars. But he’s a powerful white man in a patronage-rich office, and so, the system contorts itself to protect him.
I filed a Quo Warranto not to grandstand, but because no one else would. I’m not a lawyer. I shouldn’t have to be. But until the public begins to demand accountability from prosecutors, judges, and public servants, this cycle of protected corruption will continue.
And that no one is calling for all the members of the Bar involved in this to suffer disciplinary action for trying to negotiate “a contract” in violation of the law is inexcusable. So I’m doing it. It’s only timely, since disgraced former Montgomery County Judge Dick Skelton is facing his disciplinary hearing this week in Columbus for his violations of his oath [5]. And, sadly, he, just like Mike Foley’s partner in crime, Judge Piergies [6], is being allowed to ride off into the sunset with their state pensions- despite their criminal actions.
Mike Foley is a convicted criminal. That he is still in office, collecting a paycheck, with his conviction being erased via legal gymnastics, is a stain on Ohio’s judiciary.
And I’m not done.
After he’s removed from office, he better be charged with all 12 counts, and tried like everyone else, or else. He’s still a criminal.
Song: Two Sets Of Laws (and we’re paying for both) by David Esrati (and if you aren’t listening to these- you’re missing out)
Just a note: A special thanks to all who have donated [7] to support this kind of journalism in Dayton. We had to troubleshoot the donation form- so it’s working again, and unfortunately, it broke comments for a day or two.
Donations will help cover the subscription I’m going to have to pay for from vLex [8] to help prepare for the hearing.
Thank you
Feet to the fire, David!
? It is beyond frustrating how Mike Foley continues to dodge accountability — a crook running the Clerk of Courts office, responsible for overseeing sensitive public information and legal documents. Yet under his leadership, it’s nothing more than a friends-and-family hiring pipeline. During my time working at the Clerk’s Office, I witnessed firsthand how people with no knowledge of operations — but with the right connection to Mike — were hired into roles paying close to six figures. Meanwhile, the actual workers, the ones doing the work, are stuck assisting new managers how to do their job properly and overwhelmed with responsibilities, and barely able to make ends meet. Everyone in administration walks on eggshells, terrified of what happens if Mike is finally removed. When staff raise valid concerns about pay and workload, we get brushed off with excuses — or worse, bizarre off-topic rambling from his sidekick Steve who talks in circles to derail any real conversation. It’s insulting. And the hypocrisy is glaring. The same administration that ignores struggling staff sends out an email saying we can wear jeans before the holiday — and suddenly the brown-nosers flood the thread with “Thanks Mike, you’re the best!” Meanwhile, we’re still grossly underpaid. Then there’s the $2 million he presented back to the county “on behalf of staff” — excuse me, what staff? No one agreed to that. No one asked for it. Just another PR stunt while we continue to struggle financially and take on endless work for crumbs. Check out the Clerk’s Facebook page — full of smoke and mirrors. They push the image of “serving the public,” while behind closed doors, they ignore the very staff who make that service possible. Employees go above and beyond every day, yet when Mike or his two right-hand men visit, or decide to come out there office faaaaar away and locked from us, they don’t even acknowledge us. How do you claim to care about the public but treat your staff like we’re invisible? We’re fed up. The bitterness and low morale are real because we see this for what… Read more »
Kudos to David for helping to expose the POS Mike Foley is. I would love to know why he created a six figure job for Deb Lieberman – did Dennis donate $5k to his re-election campaign?
Truth Hurts speaks the God’s honest truth about the culture and atmosphere at the Clerk’s office. Everyone is ashamed of our phantom boss, who’s name is on everything 10x larger than the office he holds. We all want him gone along with all the made up positions he created for his friends in management, who do make 6 figures doing who knows what, while the actual workers, the deputy clerks, get a whipping and are expected to say thank you sir, may I have another. Understaffed, overworked, underpaid and ASHAMED. Look into how much the management team has grown under him… that’s a story all by itself.