Lansford Borough Council remains one councilman down following the incarceration of its Vice President Jay Doyle on felony assault charges.

Doyle, who was elected to a four-year seat in 2022, did not resign his seat before his sentencing in late October to 42 to 84 months in state prison for an assault that hospitalized a man for five weeks in 2023.

Council President Bruce Markovich said last week that he believed that Doyle filed an appeal, and that nothing could be done until the appeal was exhausted.

Doyle pleaded guilty to felony aggravated assault with intent/attempt to cause serious bodily harm in July, and was sentenced on Oct. 29 by Carbon County President Judge Roger N. Nanovic to 3 ½ to 7 years in prison.

District Attorney Michael Greek on Monday said that Doyle did not file an appeal, only a motion to reconsider his sentence.

Doyle filed the motion pro se, or on his own behalf without an attorney, asking for a waiver of the 10-day timeline and a reconsideration of the sentence, according to paperwork received by the Carbon County Clerk of Courts Office Nov. 25.

In his handwritten motion to modify, Doyle claimed he did not receive a sentence of two to four years as part of his plea, and also prejudice by the district attorney, new sentencing guidelines in place and ineffective counsel.

Doyle is currently lodged in State Correctional Institute-Smithfield, in Huntington County.

Greek said Monday that he is prepared to file a quo warranto, which is a legal action challenging a person’s right to hold public office, but is awaiting a request from the municipality.

“It’s not something that we would initiate on our own, or that this office would initiate on its own,” Greek said.

So far, Greek has not received a request from the municipality, or any formal action from borough council requesting action be taken to vacate the seat, he said. Lansford Borough’s Solicitor Robert Yurchak said that council has not requested him to take any action either.

Greek did receive an email late Friday from Councilwoman Jennifer Staines regarding the seat, but said he could not act on that request from a solitary member of council, rather than the council as a whole.

Other remedies to remove a person from office are available, such as impeachment which requires a letter to the governor, or a citizen could bear the costs to file a civil action to have an official removed, he said.

Greek filed a quo warranto complaint in 2022 challenging Terry Kuehner’s position as a Lower Towamensing Township supervisor due to a felony conviction.