Maricopa County Recorder Stephen Richer on Tuesday asked the Arizona Supreme Court to lift the moratorium on a defamation lawsuit against former governor and current Senate candidate Kari Lake.
The court last week granted Lake a moratorium on the case while it considers whether to accept a challenge to Maricopa County Judge Jay Adleman's decision last month to allow the case to proceed. Richer and his attorney filed a counter-response to the petition.
“The petition should be dismissed and the administrative suspension should be lifted,” the response states.
Additionally, the case “does not meet the high standard for special measures relief,” and the court will provide guidance regarding recently amended state laws aimed at deterring lawsuits that censor or intimidate critics. He added that it was “insufficient as a means.”
Mr. Richer's spokesperson and lawyer declined to comment on the latest filing. Lake's attorney did not immediately respond to The Republic's request for comment.
A court stay temporarily halts discovery, the formal process by which attorneys exchange information about witnesses and evidence that may be presented to a jury at trial. Lake's lawyers tried to avoid that action in a December appearance in Maricopa County Superior Court.
The Arizona Court of Appeals previously said it would not consider Lake's special action motion. The appeal also challenged Adleman's decision to allow the case to proceed.
Days later, Lake filed the current appeal in the Arizona Supreme Court.
Richer's original lawsuit, filed in June, accuses Lake and his affiliates of spreading false information about Richer after the November 2022 election. He claims that Lake knew or should have known that the statements were false. Mr. Lake and Mr. Richer are both Republicans.
But Lake says Richer, who is running for re-election, is trying to silence her and other critics of election integrity. She has repeatedly accused him of defamation lawsuits.
The Arizona Supreme Court will now decide whether to hear Lake's appeal, and if so, whether the case should proceed.
If the case moves forward, it could be heard in Maricopa County Superior Court during a contentious election year when both Mr. Richer and Mr. Lake are running for office.
Sasha Hapka covers county government and election administration for the Arizona Republic.Do you have tips to share about her election or voting? Contact her sasha.hupka@arizonarepublic.com. Follow her on X (formerly Twitter). @SashaHupka. Follow her on Instagram or in the thread: @sashahupkasnaps.