A Chicago judge has upheld a decision to bring in a Special Prosecutor to review the dismissal of Empire actor Jussie Smollett's charges.

Smollett's lawyers requested that a replacement judge be assigned in the actor's special prosecutor case, in addition to rejecting other motions put forward by Smollett's team. Cook County Judge Michael Toomin said that his decision is final.

Back in April, retired appellate court Judge Sheila O’Brien had filed a petition ordering a probe of State’s Attorney Kim Foxx’s handling of Smollett’s criminal case after she chose to drop his charges.

"This was not about whether Jussie Smollett’s guilty or not guilty," O’Brien told the Chicago Sun-Times this week, calling it a "good day for justice."

“No. It was about Kim Foxx and her duties as a state’s attorney and whether she fulfilled her duties as the state’s attorney in this case,” O’Brien said.

But Smollett's team are less than enthusiastic about the ruling:

"We were obviously aware of these proceedings. However, we were not aware that the court’s order was going to go as far as it did," attorney Tina Glandian told Toomin. "It actually boggles my mind that he wouldn’t be allowed to intervene in light of the court’s order."

Toomin is adamant that Smollett will only face more charges if the evidence suggests so:

"Re-prosecution … may only occur if considerations are met, i.e., reasonable grounds exist to re-prosecute Mr. Smollett. Whatever my opinion might be really has no bearing because that is up to the special prosecutor."