Cook County Judge Michael Toomin is standing by his decision to appoint a special prosecutor in the Jussie Smollett case. The prosecutor could possibly bring new criminal charges against the actor, according to the Chicago Sun-Times.

This week, Judge Toomin denied request by Jussie’s legal team to get the establishment of the special prosecutor thrown out, further ruling that his decision was final.

The Empire star is accused of faking a hate crime against himself and filing a false police report.

Retired appellate court Judge Sheila O’Brien filed a petition in April, which ordered a probe of State’s Attorney Kim Foxx’s handling of his criminal case after she chose to drop his charges. Sheila was clearly pleased by Judge Toomin’s ruling.

“This was not about whether Jussie Smollett’s guilty or not guilty,” Sheila told the Chicago Sun-Times of the ruling, adding that it was a “good day for justice.”