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A judge in Cattaraugus County should be admonished for misusing his subpoena power and not recusing himself from a case in which his niece was the defendant, the state Commission on Judicial Conduct said Monday.

Hinsdale Town Justice Monroe Bishop presided over a speeding case in which his niece, Diana Dutton, pleaded guilty to a reduced charge and was fined $50, the Albany-based commission said.

He also made up a charge of "false swearing on information subpoena" and issued a criminal subpoena against Douglas Finnery to get him in court for having failed to make payments on a small claims judgment, the commission said.

Bishop has conceded that his actions were improper and has agreed to the punishment, the commission said.

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