A retired judge who is seeking a special prosecutor to investigate the Jussie Smollett case in Chicago filed a number of court motions Tuesday, including one that seeks to bar the Cook County State’s Attorney from using public lawyers in the legal fight.
Sheila O’Brien, who wants an independent counsel to investigate why charges against the “Empire” actor were dropped, also called for her case to be heard by a judge outside of Cook County in the filings, according to local reports.
“Tax supported attorneys are to do the business of the people — not protect the State’s Attorney in disobeying the law,” O’Brien wrote in her filing to knock public lawyers off State Attorney Kim Foxx’s legal team in her suit for a special prosecutor, The Chicago Sun Times reported.
“Kim Foxx should use her own funds, not tax funds, to represent her in this proceeding as she continues to fight subpoenas, deny access to the press, seal court files, and evade telling the truth,” O’Brien added in the filing.
Last week, a Chicago judge said he disagreed with the O’Brien’s claim that it would be a conflict for Cook County judges to make a decision on a special prosecutor.
In another filing, O’Brien requested Foxx and one of her top deputies appear in court next week and hand over internal files related to the case.
Another hearing on the appointment of a special prosecutor is scheduled for May 31.