A hearing was continued Monday morning on an injunction petition filed by the Carbon County district attorney to remove a supervisor from his position because he has felony convictions on his record.

District Attorney Michael S. Greek filed a civil action on Jan. 4 seeking an immediate injunction to keep a Lower Towamensing Township supervisor Terry R. Kuehner from participating in any township actions.

Kuehner was elected to a six-year term on the board of supervisors for Lower Towamensing Township in last November’s general election. Greek filed an action in the prothonotary’s office as a “Quo Warranto” complaint alleging that Kuehner cannot hold an elective office due to prior felony criminal convictions, according to the state constitution.

Judge Joseph J. Matika scheduled a hearing on the injunction request for 10 a.m. Monday but continued it when Kuehner appeared without legal counsel and requested he be given time to get an attorney.

Kuehner wanted a 30-day continuance but Matika denied that request stating that when an injunction request is filed, the court has a responsibility to hold a hearing on the request promptly.

Kuehner told the court he was only served with the civil complaint on Friday. He said he wanted to secure the services of an attorney versed in election laws and constitutional law, preferably someone from outside the county.

Greek said he would not oppose a short continuance.

Matika told Kuehner he would continue the matter, “for about a week or two” to give him time to get legal help. The judge told Kuehner that there would be no more continuances concerning the injunction request whether Kuehner secures legal counsel of not.

Later on Monday Matika rescheduled the hearing for Jan. 21 at 10 a.m. in courtroom 2.

A “Quo Warranto” action is a writ issuable by the state. It demands a person to show by what right he or she exercises an authority which can only be exercised through grant or franchise from the state.

Greek is seeking an order of court declaring that Kuehner is “unqualified due to his prior felony convictions pursuant to Article II, Section 7, of the Pennsylvania Constitution. He is asking for removal.”

Greek said Monday the injunction request was made so that Kuehner does not participate in any board actions because if it is found he cannot serve on the board, then any actions he is involved in prior to the decision must be voided.

According to a county court summary, Kuehner was convicted in November 2005 of three felonies and three misdemeanors.

The first conviction was for aggravated assault with attempted bodily injury. The word aggravated is used when a deadly weapon is part of the assault. He was sentenced to prison for 18 months to 10 years for the conviction.

He also had two more felony convictions for aggravated assault, but one sentence length was merged into the other. Again, the sentence was 18 months to 10 years in prison.

All three misdemeanor convictions were for simple assault, which carry a sentence of six to 12 months in prison. He pleaded guilty to one of the misdemeanors and was sentenced for it, but the other sentences were merged into the felony.

The convictions stem from an incident in September 2004 where after a nine-hour standoff at his house with state police, Kuehner fired his weapon. The bullet struck the hood of a police cruiser where an officer sat and put in a three-quarter-inch scrape.

Kuehner has frequently disrupted township meetings in the past year, questioning supervisors and employees.

His questions led to the resignation of secretary Christine Wentz.

The township reorganization meeting for supervisors was not held last week, due to a lack of quorum.

The board met Monday night and reorganized but Kuehner did not attend the meeting.