A judge on Monday said he will rule later this week whether a lawsuit filed over a Lowell City Council recall election should move forward.

Lane County Circuit Judge Charles Carlson heard arguments from both sides before taking the matter under advisement. He said he hoped to issue a ruling by Friday.

Former Lowell City Councilor Pam Bryant filed a lawsuit under the state Corrupt Practices Act against two people who mounted a successful recall vote against her last year. She claims that the two people and a recall committee made false statements about her before the Dec. 10 recall vote.

A lawyer for the two defendants, Kenneth Hern and Nancy Garratt, filed a motion asking that Bryant’s suit be struck down. They have asked the judge to invoke a state law that discourages lawsuits that involve comments on matters of public debate and interest.

Carlson heard arguments Monday on what legal standards he should apply to arguments in the case. At issue is what kind of evidence the two sides need to provide and how the judge should view that evidence.

Carlson could find that the suit falls under the state’s anti-SLAPP law, known for the acronym of Strategic Lawsuits Against Public Participation. It is intended to block lawsuits that attempt to stop people from commenting on matters of public interest.

Carlson also could find that the suit isn’t covered by the law and allow it to proceed under the 1908 Corrupt Practices Act, which bars people from making demonstrably false statements of fact about candidates for public office.

At Monday’s hearing, attorney Edmund Spinney, who represents Hern and Garratt, argued that the lawsuit falls squarely under the anti-SLAPP law because it concerns an election, which he said is clearly a matter of public interest. What’s more, he said, the suit’s aim is not to correct allegedly false statements but to “shut my clients up” should Bryant run for office again.

“What they said was fair comment on her candidacy,” he argued.

Spinney also said Bryant had failed to meet the legal burden necessary to overcome the anti-SLAPP claims because what his clients said was true or had elements of truth. He said that to get past his legal challenge, Bryant would have to show there is no scenario under which the statements could be seen as truthful.

But attorney David Bahr, who represents Bryant, said the lawsuit is not intended to silence public debate but is simply an effort to get the record corrected. He said that to overcome the anti-SLAPP challenge, the law requires only that his client present credible evidence that recall supporters made false statements.

“I would submit we have done that and more,” Bahr said.

In court filings, Bahr listed seven statements made by Hern, Garratt and the Recall for Lowell’s Future Committee that he claims were demonstrably false. The statements relate to events involving Bryant’s interactions with the city staff, her activities at City Council meetings and other political activity.

Follow Greg on Twitter @gregbolt_RG. Email greg.bolt@registerguard.com.