13 - Hiring of Prosecutor for Municipal CourtItem No. 13
Me'morandum
TO: Mayor, Mayor Pro -Tem and City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: HIRING OF PROSECUTOR FOR MUNICIPAL COURT
DATE: September 12, 2022
BACKGROUND: On June 28, 2016, Council authorized me to hire a contract prosecutor in lieu
of filling the position of Assistant City Attorney that I vacated when Council appointed me to the
position of Interim City Attorney in January 11, 2016. I have had 3 previous prosecutors, the most
recent being Erin Lewis from June of 2020 until December of 2021. I have reached an agreement
with local attorney Basel J. Musharbash to undertake these limited prosecutorial duties effective
upon approval by the council. Mr. Musharbash is a Paris resident, and is starting a solo practice.
I am attaching a copy of Mr. Musharbash's resume for your reference. I believe he is amply
qualified for the duties of contract prosecutor.
STATUS OF IS SUE: Section 28 of the City Charter allows the city attorney to appoint an assistant
city attorney, if deemed necessary, subject to the approval of the City Council. While I do not
believe that a contract prosecutor is an "assistant city attorney" within the meaning of this Charter
provision, in an abundance of caution I am presenting this hire for Council approval.
BUDGET: This proposed hire is budget neutral. Funds have already been budgeted for a contract
prosecutor through the end of this fiscal year, and, pending Council's final approval, for fiscal year
2022-2023. A rate of $100.00/hour falls within these budgeted amounts and is well below the
local hourly rate for legal services. Remember as well the substantial savings in hiring a contract
prosecutor over having a full-time Assistant City Attorney.
RECOMMENDATION: Approve hiring by city attorney of contract municipal court prosecutor.
BASEL J. M U S H A R B A S H 101 West Houston Street • Paris, Texas 75460
Admitted in Texas & District of Columbia 903.870.8407 • bmusharbash@baselpllc.com
PROFESSIONAL BASEL PLLC
E X P E R I E N C E Managing Attorney 12022 — Present
• Lead mission -driven law firm dedicated to antimonopoly advocacy and community development in rural Texas
• Counsel small business and developers in rural communities on corporate, real estate, and related legal issues
• Help rural governments implement reforms promoting fiscally -productive growth and local business ecosystems
• Support antimonopoly organizations (e.g., Farm Action) in their administrative and legislative advocacy efforts
POLLARD PLLC
Associate I Antitrust & Competition 12020 — 2021
• Litigated antitrust and related trade secret, wage theft, false advertising, defamation, and civil rights claims on behalf of
workers, entrepreneurs, and small companies facing anti-competitive practices and restraints of trade
• Drafted substantive pleadings, motions, and responses, including complaints, answers, counterclaims, motions to
dismiss, motions for summary judgment, and motions for preliminary injunction
• Supported discovery and trial preparation as needed
PATEL LAW GROUP PLLC
Associate I Corporate & Real Estate 12019 — 2020
• Represented investors and developers in acquisitions, dispositions, financings, and other transactions related to real
estate projects and business enterprises
MOORE LAW FIRM LLP
Associate I Commercial Transactions 12018 — 2019
• Represented public entities and investors in real estate, borrowing, and construction transactions
LAW SCHOOL THE JACOB BURNS SMALL BUSINESS AND COMMUNITY ECONOMIC DEVELOPMENT CLINIC
E X P E R I E N C E Student Director and Certified Student Attorney I Fall 2017 — Spring 2018
• Represented social enterprises and emerging ventures in corporate and transactional matters
THE LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW
Legal Intern I Voting Rights Project I Summer 2017
• Produced the first -available comprehensive interpretation of Section 3(c) of the Voting Rights Act
COUNCIL OF THE DISTRICT OF COLUMBIA
Law Clerk I Office of the General Counsel I Fall 2016
• Drafted bills, conforming amendments, legal sufficiency opinions
• Reviewed legislation for legal and policy issues, compliance with legislative drafting manual
D.C. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Legal Intern I Rental Housing Commission I Summer 2016
• Reviewed proposed rulemakings, identified stakeholder concerns, observed stakeholder meetings
• Drafted bench memoranda in administrative cases arising under state housing and administrative -procedure laws
V O L U N T E E R THE REAL ESTATE COUNCIL (DALLAS)
A C T I V I T I E S Research Group Leader 12020
• Lead research group in year-long project to design stakeholder analysis of Dallas urban development governance
PARSONS SCHOOL OF DESIGN AT THE NEW SCHOOL
Research Assistant to Professor Mindy Fullilove 12018
• Drafted amicus brief on health and economic effects of local land -use policies at issue in federal civil rights case
E D U C A T 10 N THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL
J.D. I May 2018
• Public Contract Law Journal, Member
THE UNIVERSITY OF TEXAS AT DALLAS
B.A., cum laude, in Political Science I May 2014
• Academic Distinction Scholarship (full tuition)
• University of Texas System Archer Fellow