1494572:
Also are you really saying that if Matt's opponent had said "hey judge, let's just let him destroy his shield and get on with the game" you wouldn't let them do that? All because you feel his opponent might have been intimidated into doing it? Don't you think you'd notice if there's was intimidation going on?
The reason you don't let them do it is because that is against the rules; it would be a violation on the judge's part. A judge is supposed to represent UDE's ruling policy, and policy states that opponents may not waive or substitute penalties. If you want to change that, petition the head honchs, but don't expect judges to pioneer independent changes. It's not their job!
1494572:Yes, the degree to which they are marked should matter. If I heavily
marked a set of 60 cards then I could conceivably memorize the markings
on every one of them and take it to a tournament. If no one called me
on it I could gain a huge advantage this way. You wouldn't be able to
notice any pattern.
If you take no care to ensure that your deck is unmarked then you should be punished.
Your example assumes the round one opponent is brain-dead enough to not call a judge and make you change the sleeves (which would gain you zero advantage). Judging policy cannot be based on whether or not a given player is too stupid to call for a judge.
1494572:I'm sure judges often take into account strategic advantage when
deciding a penalty. If I skipped my draw on turn 1 of a game would you
give me the same penalty as if I skipped my draw on turn 40 when I was
in danger of deck'ing out?
In the example above, you are forgetting that judges may alter penalties based on intent. If intent to violate a rule is present for a clear advantage, it's the difference between a procedural error and cheating. The penalty would obviously not be the same, because the violation would not be the same one. This involves zero discretion with regard to penalty (because deciding which violation has occurred and deciding the penalty for it are two separate aspects of a ruling).
Once a judge knows what violation has occurred (which was clearly easy in Matt's case, since both players alleged accident), the penalty is chosen from those considered appropriate. In this case, a game loss was among those possibilities, and the HJ chose it because he believed that was appropriate. If I were the HJ, I'd have done it for sure; I am not a fan of allowing repeat violations because of the room for abuse.
I hope what I said made sense, it's a bit late.
Glenn Jones
Contributing Editor - WoW TCG and WoW Minis
Coverage Writer Extraordinaire
The War Wagon @ www.starcitywow.com
One Card at a Time @ www.wowtcg.com
Season 2 Feralas Realm Champion