Steven Anthony Martinez, the Chimayó man accused of threatening to kill a Santa Fe judge on Monday, would be facing the possibility of more serious punishment had the New Mexico Legislature passed either of two bills that stalled in the Senate last year.

Martinez, 22, who authorities say threatened by telephone to kill a state district judge, has been charged with a misdemeanor.

Lawmakers who sponsored the bills said Tuesday that the threats — apparently aimed at District Judge Michael Vigil, who is presiding over a burglary case involving Martinez — illustrate why such an act should be treated as a felony.

"Threatening a judge is a serious matter and it needs to be taken more seriously," said state Sen. Peter Wirth, D-Santa Fe. "That being a misdemeanor sends a bad message."

Rep. Bill Rehm, R-Albuquerque, said, "Incidents such as (the threats) show why this is necessary. I'd like to reintroduce it next year."

State Supreme Court Justice Edward Chavez, who was chief justice last year, testified in favor of both bills at legislative committee hearings. He said Tuesday he'll do it again.

"We've seen an increase in threats against judges in courthouses around the state," Chavez said. "There are some courthouses in the state that don't even have any security. I've been a recipient of threats myself."

Chavez, as well as Wirth and Rehm, said the legislation was sparked by the 2008 case of state District Judge Nan Nash in Albuquerque. She was threatened by Rick Hermann, who was involved in a divorce case. Because he used the Internet to e-mail Nash threats, Hermann was prosecuted under federal law. He was sentenced to eight months to two years in federal prison.

Rehm's bill, House Bill 28, came closest to passing. It cleared the House by a 43-21 vote, but languished in the Senate, never making it to a floor vote.

Wirth's bill, Senate Bill 128 unanimously passed the Senate Public Works Committee, but was tabled in the Senate Judiciary Committee. "It was a close vote," Wirth said.

Rehm said some opponents of his bill complained that threats against judges rarely happen, so the law would be used infrequently.

Rehm's bill would have made threatening a judge a third-degree felony, which has a maximum prison term of three years. It also had a provision for those who retaliate against a judge in response to a court decision. Those who inflict bodily harm or property damage would face a second-degree penalty, with a maximum prison term of nine years.

Wirth's bill would have made threatening a judge a fourth-degree felony, which has a maximum prison term of 18 months.

Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com. Read his political blog at roundhouseroundup.com.