Associated Press

CHICAGO — A judge told Jussie Smollett's attorneys he's not changing his mind about appointing a special prosecutor in the case against the "Empire" actor – and he won't let another judge replace him.

That means Smollett may not be clear of criminal charges that he staged an attack on himself in January in Chicago and then lied to police about it, describing it as racist and homophobic.

Even though county prosecutors dropped 16 felony charges against him in March, a special prosecutor could potentially revive the charges.

Cook County Judge Michael Toomin ruled Wednesday that he will not reconsider his decision to appoint a special prosecutor to examine how State's Attorney Kim Foxx handled the Smollett case.

It was a major setback for Smollett, whose career was damaged by the uproar over his case in Chicago, and could be further damaged if the charges are revived.

Lawyers for Smollett attorneys did not immediately respond to a message seeking comment.

Smollett's attorneys sought to persuade Toomin to remove himself from the matter, arguing that he had already presumed Smollett is guilty by "improperly accepting false media reports" about the case.

More:Jussie Smollett seeks to derail special prosecutor who might refile charges against him

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Tina Glandian, one of Smollett's team of Los Angeles lawyers, filed a series of motions earlier this month arguing that Toomin had no authority to unilaterally reverse the dismissal of the case against Smollett and then go on to appoint a special prosecutor to potentially "further prosecute" Smollett.

"This case has been a travesty of justice and an unprecedented deprivation of Mr. Smollett's constitutional rights, including the presumption of innocence and the right to a fair trial," Glandian's brief asserted.

Toomin said Wednesday that the special prosecutor's opinion will be the only one that matters.

Toomin decided in June to make the appointment, urged on by a retired judge angry about Foxx's handling of the Smollett case. Toomin hasn't said yet who the special prosecutor will be.

His decision not to reconsider also is bad news for Foxx, who opposed being investigated by a special prosecutor over the Smollett case.

Foxx and her office are already under investigation by the Cook County inspector general's office; another embarrassing probe could be inconvenient just as she and her prosecutors are preparing to try another celebrity, singer R. Kelly, on multiple sex-crime charges.

Contributing: Maria Puente, USA TODAY