DaytonDailyNews.com

DAYTON — Montgomery County Area Court Judge James Piergies withdrew Wednesday from the Democratic primary race for county Common Pleas Court judge, a week after making controversial remarks about his openly gay opponent.

In a two-sentence letter to the Montgomery County Board of Elections, Piergies said he no longer wished to be a candidate.

He could not be reached for comment. In a statement released by the Montgomery County Democratic Party, Piergies is quoted saying he still wants to be a common pleas judge in the future, but "this campaign has taken on a tone never intended by me and therefore I believe it is in the best interest of everyone for me to withdraw from the race."

Piergies' withdrawal eliminates the need for a primary election.

That means Montgomery County Common Pleas Judge Mary L. Wiseman, appointed to the seat last year by Gov. Ted Strickland, will face Republican Margaret M. Quinn, a retired assistant U.S. attorney, in the November general election.

Last week Piergies said Wiseman should recuse herself from cases involving gay rights, including Dayton's new anti-discrimination law and the Ohio constitutional amendment banning gay marriage. Because of her support for gay rights, Piergies said it would raise ethical issues if she were to rule on such cases.

Wiseman, the state's first openly gay judge, said her sexual preference has nothing to do with her role as judge and she would continue to be impartial in applying the law.

She said Piergies had done "an honorable thing" by withdrawing and avoiding a primary.

Piergies had labor union support, and was endorsed by the Dayton-Miami Valley AFL-CIO. But the recent controversy made it appear the union opposed Wiseman because of her sexual orientation, said Wes Wells, executive director of the AFL-CIO Regional Labor Council.

He said the union does not discriminate and that Wiseman's sexual preference had nothing to do with the union's support of Piergies, a longtime labor lawyer.

Wells said union officials did not ask Piergies to withdraw and would have continued to support him. But, said Wells, "It got to the point where it was divisive."

"This is not a time that labor and the Democratic Party need to have any disagreements," Wells said.

Mark Owens, party chairman, said the party is united behind Wiseman and that Piergies' decision "speaks volumes about his character."

Contact this reporter at (937) 225-2420 or jdillon@DaytonDailyNews.com.