Judge Transferring Decision on Smollett Special Prosecutor

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, on May 2, 2019. Ashlee Rezin/Chicago Sun-Times via AP

CHICAGO—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 on May 10 that he was merely transferring the matter, not recusing himself.