Judge says Kari Lake conceded defamation suit; discovery could still proceed on damages

A Maricopa County judge said former gubernatorial and current U.S. Senate candidate Kari Lake lost "all rights to litigate the merit" of an ongoing defamation case when she forfeited her ability to defend herself in court on Tuesday.

But Lake will still get the chance to argue for no damages in the lawsuit. In a Thursday morning minute entry, Judge Jay Adleman gave attorneys in the case until late April to determine a schedule for "damages-related discovery" and a settlement meeting.

The order comes after Lake conceded to a default judgment. She was faced with discovery, the formal process of exchanging information between attorneys about witnesses and evidence that could be presented before a jury at trial.

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

Attorneys for Richer previously told The Arizona Republic that discovery was expected to be a monthslong process. The case could have gone to trial during a contentious election year in which both Richer and Lake will be running for elected offices, or immediately after in 2025.

The default judgment helps Lake avoid some discovery and could speed up a conclusion to the suit. Her attorneys are now requesting the matter be resolved before the upcoming state primary and general elections. But Adleman's order suggests she may still have to turn over information to Richer's attorneys that could be used against her in the damages process.

Judge warns attorneys: 'Cooperate with one another'

Adleman's order comes days after Richer's attorneys requested sanctions against Lake, claiming her attorneys were "doing everything possible to waste time and stall discovery."

Richer's team also entered an application for default against Lake and her attorneys, alleging her lawyers were refusing to move the case forward.

In his minute entry, Adleman chalks Lake's attorneys' deadline misses up to appellate litigation. Weeks ago, the Arizona Supreme Court lifted a temporary stay in the defamation lawsuit and rejected Lake's appeal challenging his December decision to allow the case to proceed.

He deemed Richer's request for sanctions "moot." But he still cautioned Lake's attorneys in his order.

"The court fully expects the parties to cooperate with one another in an effort to resolve the remaining scheduling issues attendant to these default proceedings," Adleman said.

Another election-related defamation default

Lake is the second ally of former President Donald Trump to forfeit their chance to defend themselves against a defamation suit.

Last year, Trump attorney Rudy Giuliani was held liable for defaming two Georgia election workers. The ruling came after Giuliani failed to turn over information requested by Ruby Freeman and Wandrea “Shaye” Moss during discovery. The women were awarded nearly $150 million in damages.

Unlike Giuliani, Lake and her attorneys filed a motion agreeing to a default judgment — a highly unusual move. Lake maintains her statements were true, even though she is unwilling to defend them in court. In a statement and video posted to social media on Tuesday, she said she simply doesn't want to spend time or money on the lawsuit.

“The political elite will do anything to hold onto power,” Lake wrote. “They’ve resorted to filing a ludicrous defamation lawsuit to try to stop me and bleed me dry. Taking part in this lawfare just legitimizes it.”

But Richer cast the move as "complete and total surrender."

"Kari: You lied," he wrote in a social media post. "It was all B.S."

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: Kari Lake lost rights to litigate Richer defamation suit