Dontarius Lamar Williams appeared Jan. 13 in Clayton County State Court and asked the court to permit withdrawal of a guilty plea, asserting the plea was not knowingly, voluntarily or intelligently entered and alleging his former counsel failed to correct misunderstandings. His present counsel—who also represented him at the plea—raised the issue, but the judge refused to consider the motion from the same attorney because it would place that lawyer in the posture of admitting ineffective assistance while simultaneously representing the client.

Presiding Judge Joan Hayward explained that claims of ineffective assistance or lack of voluntariness generally require independent counsel to avoid conflicts and to preserve attorney–client privilege. The judge therefore ordered the county to appoint conflict counsel, prohibited the defendant from testifying further at that hearing to avoid waiving his Fifth Amendment rights, and continued the withdrawal motion for two weeks to allow new counsel to be assigned and to file appropriate pleadings.

The court’s action preserves the defendant’s right to an independent evaluation of his claim while protecting privileged communications and ensuring the court can consider the motion on an appropriate record. The hearing will return after conflict counsel files an appearance and advises the court whether the motion has a factual or legal basis for relief.