Defamation case against Kari Lake, filed by Stephen Richer, will go forward, judge says

A Maricopa County judge ruled Wednesday that a defamation case against former gubernatorial and current U.S. Senate candidate Kari Lake will go forward.

Judge Jay Adleman determined that Lake failed to provide enough evidence to get the case dismissed outright under a recently revised state law intending to deter lawsuits that seek to censor or intimidate critics.

"The court is satisfied that the disputed statements — if indeed they are 'provable' as false or defamatory — would be undeserving of the protections associated with our First Amendment principles," Adleman wrote.

The lawsuit, filed in June by Maricopa County Recorder Stephen Richer, accuses Lake and her affiliates of spreading false information about Richer following the November 2022 election. He alleges that Lake knew, or should have known, the statements were false. Lake and Richer are both Republicans.

But Lake says Richer is seeking to silence her and other election integrity critics. She condemned his defamation suit against her while appearing at Turning Point USA's annual "AmericaFest" conference in Phoenix on Sunday.

Her attorneys filed two motions to dismiss the defamation case. Attorney Jen Wright argued in court on Tuesday on behalf of one motion. She said Lake's statements, while exaggerated, are ultimately based on "provable facts" and that Richer is subject to "harsh criticism" as a public official.

Less than 24 hours later, Adleman rejected that argument. He wrote Lake's statements are "provably false" and that Richer's lawsuit included "well pled facts."

The other motion to dismiss was filed under Arizona's anti-SLAPP law, originally passed in 2006 and revised last year.

SLAPP stands for "strategic lawsuit against public participation," a meritless lawsuit that is brought to silence or intimidate someone who is speaking about a matter of public concern. In Arizona, the law allows for expedited dismissal of a lawsuit if it arises from a desire to deter the exercise of the rights of free speech and petition.

Lake's attorneys said Richer intended to chill Lake's speech by bringing a defamation lawsuit against her. They pointed to Richer's request for injunctive relief, a remedy that would restrain Lake from making certain statements about him.

Adleman is one of the first Arizona judges to issue a ruling on a motion to dismiss under the revised statute, but his discussion of the law was relatively brief. He wrote Richer laid out "a factual and legal basis" for a defamation case and that there was no evidence Richer brought the case improperly.

The lawsuit will now proceed to discovery, the formal process of exchanging information between attorneys about witnesses and evidence that could be presented before a jury. The case could go to trial during an contentious election year in which both Richer and Lake will be running for elected offices.

Adleman's order was shared with The Arizona Republic by Richer's attorneys. It has yet to be processed by staff with the Clerk of the Superior Court and is not yet officially docketed.

Parties react

Richer said he was pleased with the order, adding that Adleman thwarted Lake's efforts to "avoid accountability."

He said he and his family have faced "endless and vile threats" in the wake of Lake's comments.

"Working as a public servant should not lead to death threats, harassment or defamation," he said in a statement. "No one is above the rule of law in this country, and I look forward to continuing my pursuit of justice."

On X, the social media platform formerly known as Twitter, Lake posted that Richer's lawsuit "is about taking away our First Amendment rights" and "interfering" in her ongoing U.S. Senate race.

"This case should have been tossed out of court," she said.

Sasha Hupka covers county government and election administration for The Arizona Republic. Do you have a tip to share on elections or voting? Reach her at sasha.hupka@arizonarepublic.com. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Instagram or Threads: @sashahupkasnaps.

This article originally appeared on Arizona Republic: Judge ruled defamation case against Kari Lake will move forward