CORRECTS SPELLING OF JUSSIE - Former State Appeals Court Judge Sheila O'Brien walks out of the Leighton Criminal Courthouse in Chicago after a hearing about appointing a special prosecutor to investigate the Cook County State's Attorney's office handling of "Empire" actor Jussie Smollett's case, Thursday, May 2, 2019. (Ashlee Rezin/Chicago Sun-Times via AP)

CORRECTS SPELLING OF JUSSIE - Former State Appeals Court Judge Sheila O'Brien walks out of the Leighton Criminal Courthouse in Chicago after a hearing about appointing a special prosecutor to investigate the Cook County State's Attorney's office handling of "Empire" actor Jussie Smollett's case, Thursday, May 2, 2019. (Ashlee Rezin/Chicago Sun-Times via AP)

CHICAGO (AP) — A judge in Chicago says another judge will decide if a special prosecutor is needed to investigate why the state prosecutor’s office dropped charges accusing Jussie Smollett of staging a racist, anti-gay attack against himself.

Judge LeRoy Martin Jr. insisted Friday he was merely transferring the matter, not recusing himself.

Former Illinois appellate Judge Sheila O’Brien had asked for a special prosecutor to examine why the office of Cook County State’s Attorney Kim Foxx dropped charges against the “Empire” star.

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O’Brien asked Martin last week to recuse himself because his son is a prosecutor in Foxx’ office. Prosecutors opposed Martin’s recusal, saying it wasn’t necessary and would set a bad precedent.

The Chicago Tribune cites Martin as saying “the appearance of justice is important” and so the transfer was “prudent.”

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Information from: Chicago Tribune, http://www.chicagotribune.com