Buckholts Independent School District v. Glaser

In Buckholts Independent School District v. Glaser, 632 S.W.2d 146, 25 Tex. Sup. Ct. J. 276 (Tex. 1982), a trial judge failed to recuse himself from a challenge to a school bond election and the court found that this failure was not fundamental error. Id. at 148. The court explained that the statute requiring the judge to recuse himself because he resided in the county of the contested election also contained a provision requiring the presiding judge to assign a judge to hear the motion to recuse. Id. The court further stated that the mention of motions to recuse in the statute showed that the legislature did not intend a disqualification that would make all actions void. Id. The court found that the correct procedure was for the appellants to file a motion to recuse and that their failure to do so amounted to a waiver of any error by the trial judge. Id.