Jussie Smollett update: Judge asked to recuse himself declines; another rules on special prosecutor

CHICAGO (WLS) -- The judge overseeing the investigation of Cook County State's Attorney Kim Foxx's handling of the Jussie Smollett case ruled Friday that another judge will decide whether a special prosecutor is needed in the case.

The decision from Judge LeRoy Martin, Jr., comes one week after a hearing in which retired Illinois Appellate Court Justice Sheila O'Brien, who filed a petition to appoint a special prosecutor in the case, asked Martin to recuse himself.

O'Brien argued Judge LeRoy Martin Jr. should recuse himself in the case because Kim Foxx can hire and fire his son, who works for the state's attorney's office. She asked for a judge from outside the county to ensure this process is fair.

WATCH: Timeline of key moments in Jussie Smollett case

"Empire" actor and R&B singer Jussie Smollett told Chicago police last month that two men physically attacked him and yelled racial and homophobic slurs. There have been dozens of twists and turns since then. Here are some key moments from the start of this story.

Judge Martin previously called it troubling that his family is being brought into the matter, and got into heated exchanges with O'Brien at times during the hearing.

The State argued that there's no evidence that Martin would be biased if Foxx had to take the stand.

Martin said Friday he's not recusing himself from the case, but he will allow another judge to make the ruling on whether a special prosecutor is necessary.

RELATED: Judge asked to recuse himself from petition to appoint special prosecutor in Jussie Smollett case

RELATED: Jussie Smollett's contract extended, no plans for character to return to 'Empire'

RELATED: Osundairo brothers file defamation lawsuit against Jussie Smollett's attorneys

RELATED: Kim Foxx receives death threats after Jussie Smollett charges dropped

RELATED: Kim Foxx's chief spokesperson resigns from State's Attorney's Office

RELATED: 2 top staffers leaving Kim Foxx's State's Attorney's Office

RELATED: Jussie Smollett update: Kim Foxx's texts and emails raise more questions about recusal

Kim Foxx texts show she thought number of Jussie Smollett charges 'excessive'

Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled

RELATED: Cook County State's Attorney Kim Foxx asks for review of how Jussie Smollett case was handled

RELATED: City sues Jussie Smollett for cost of investigating alleged staged attack

RELATED: Cook County State's Attorney Kim Foxx lets Derrion Albert killer off the hook

RELATED: Kim Foxx says 'this is personal' about calls for her to resign

RELATED: Jussie Smollett attorney responds to Chicago's civil suit threat

RELATED: Taraji P. Henson weighs in on 'Empire' co-star Jussie Smollett's case

RELATED: Chicago to file civil suit against 'Empire' actor for not paying $130K cost of police investigation

RELATED: In wake of Jussie Smollett, suburban police chiefs take no confidence stance against State's Attorney Kim Foxx

RELATED: Jussie Smollett case leads to protests for, against Cook County State's Attorney Kim Foxx

RELATED: Chris Rock rips an absent Jussie Smollett at the NAACP Image Awards

RELATED: Thousands referred for alternative prosecution by Cook County prosecutors haven't completed process

RELATED: Jussie Smollett's surprise deal raises new questions

RELATED: City of Chicago asks Jussie Smollett to pay for $130,000 cost of investigation

RELATED: FBI reviewing circumstances of Jussie Smollett's charges being dropped, sources confirm

RELATED: What's inside the CPD Jussie Smollett investigative file?

RELATED: Mayor Emanuel calls decision to drop charges against Smollett 'whitewash of justice'

RELATED: Charges dropped against 'Empire' actor Jussie Smollett

RELATED: Osundairo brother at center of Jussie Smollett case compete in Chicago boxing match

RELATED: Jussie Smollett update: 'Pain and anger' around 'Empire' in recent weeks, Lee Daniels says

RELATED: FOP accuses Cook County State's Attorney Kim Foxx of interfering in Jussie Smollett investigation

RELATED: Jussie Smollett pleads not guilty to disorderly conduct charges

RELATED: Jussie Smollett update: Texts shed light on why State's Attorney Kim Foxx recused herself

RELATED: Jussie Smollett appears in court for hearing; Cameras allowed for Thursday hearing

RELATED: Jussie Smollett update: Brothers 'taken advantage of' by Smollett, attorney says

RELATED: Jussie Smollett indicted on 16 felony counts by grand jury

RELATED: Brothers reportedly involved in Jussie Smollett alleged hoax release statement expressing 'regret'

RELATED: Jussie Smollett's check to brothers obtained by ABC News

RELATED: Jussie Smollett's character to be removed from 'Empire', producers say

RELATED: What's next for Jussie Smollett? Possible big police bill

RELATED: Jussie Smollett alleged hoax may cast doubt on real hate crimes, advocates fear

RELATED: Jussie Smollett out on bond after being accused of staging attack

RELATED: Jussie Smollett charged with disorderly conduct for filing false police report, prosecutors say

RELATED: Cook Co. State's Attorney Kim Foxx recuses herself from Jussie Smollett investigation

RELATED: Brothers told police Smollett was upset threatening letter didn't get enough attention, staged attack

RELATED: Activist calls for Smollett's arrest, believes actor lied about attack

RELATED: Brothers tell police that Jussie Smollett paid them to stage attack, official says

RELATED: Sources: Police investigating whether Smollett staged attack with help of others

RELATED: Timeline of key moments in alleged attack on Jussie Smollett

RELATED: Jussie Smollett breaks silence on Chicago attack

RELATED: 'Empire' actor's family releases statement on attack, pictures of possible persons of interest released

RELATED: Photos show potential persons of interest in 'Empire' actor attack, police say

RELATED: 'Empire' actor Jussie Smollett attacked in Chicago in possible hate crime, police say