(CNN) A judge on Friday approved the appointment of a special prosecutor to independently investigate the handling of the Jussie Smollett case in order to "restore the public's confidence in the integrity of our criminal justice system."

Cook County Circuit Judge Michael P. Toomin approved the petition requesting a special prosecutor review the decision by State's Attorney Kim Foxx's office to dismiss the charges against the "Empire" actor, who investigators said staged a hate crime against himself.

The special prosecutor will have the authority to pursue charges for any crime he or she believes was committed in the course of the investigation, Toomin said -- including further prosecution of Smollett.

The judge's ruling was in response to Foxx's apparent withdrawal from the case following questions of potential conflicts of interest and her appointment of her top deputy, Joseph Magats, as the "Acting State's Attorney."

According to Toomin's ruling, Foxx did not have the legal authority to appoint someone with decision-making power. In the case of a formal recusal, Toomin wrote, the court would have been responsible for appointing a special prosecutor.

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