5 things you need to know about Harper being reinstated

When Ken Harper resigned as Warren County Prosecutor and then rescinded his resignation, he set off a bizarre set of events. Here’s what you need to know:

1. Harper resigned on September 21, 2020, out of frustration over several issues including pay. Three days later he rescinded his resignation. On December 21, the Board of Supervisors officially accepted Harper’s resignation.
2.  The Warren County Board of Supervisors, in January of 2021, chose to appoint Steve McMillin as County Prosecutor in place of Harper.
3. Harper sued to get his elected position back and, on Friday, July 16, Judge Reeves ruled in Harper’s favor. Today, July 19, the board announced he will be reinstated next Monday, July 26.
4. The Board of Supervisors will probably have to backpay Harper for the time McMillin was in place because, according to the ruling, he was unlawfully removed from office. It is unclear where those funds will be resourced but most likely insurance will cover an issue like this.
5. A question was raised on the legality of the cases prosecuted by McMillin. According to the Mississippi Code, Section 25-1-37, “Validity of Official Acts” specifically states “The official acts of any person in possession of a public office…shall be valid…whether such person be lawfully entitled to hold the office or not.” Therefore the actions of Prosecutor McMillan will stand and any cases he tried will not need to be retried.