W. Warren Upton

Phone: (304) 340-1217 | Fax: (304) 340-1050 | Email: wupton@jacksonkelly.com
500 Lee Street East, Suite 1600, Charleston, WV 25301-3202

W. Warren Upton is a retired Member of the Firm. Mr. Upton joined the Firm in 1972 after serving as the United States Attorney for the Southern District of West Virginia. Mr. Upton earned both his Bachelors in business administration and law degree from West Virginia University. Upon graduating from the College of Law in 1962, where he was elected to the Order of the Coif, he clerked for the Honorable John A. Field, Jr., then a United States District Court Judge (who was later appointed to the Fourth Circuit). He practiced in the private sector for two years before becoming an assistant United States attorney. He served as United States Attorney from 1970-72 and then joined Jackson Kelly Holt & O'Farrell.

A native West Virginian, Mr. Upton has been involved in numerous professional and community activities, including the Fourth Circuit Judicial Conference, the National Association of Former United States Attorneys and the American Board of Trial Advocates. He has been listed under Criminal Defense in Woodward/White The Best Lawyers in America®, 1997-2003, and is a frequent speaker and panel participant before bar and medical groups on the subject of criminal law and health care law.

Mr. Upton is currently the First Vice Chairman of the Board of Trustees of the Thomas Memorial Hospital Association and a member of the Board of the Thomas Hospital Foundation. He has been extensively involved with the Shrine on a local and national level. He is Past Potentate of Beni Kedem Shriners in Charleston, West Virginia. He is also a member of the York Rite, Scottish Rite and the Royal Order of Jesters. He also served as Imperial Council Emeritus Representative, Emeritus Chairman of the Grievances and Appeals Committee and Chairman of the Jurisprudence and Laws Committee.

Mr. Upton retired from the full-time practice of law in 2001 and is now serving the Firm as "Of Counsel" maintaining, in particular, involvement in the Firm's mediation practice as well as its criminal and health care practices.

Legal Experience
1972 - PresentJackson Kelly PLLC
1970 - 1972 United States Attorney, Southern District of West Virginia
1965 - 1970Assistant, United States Attorney, Southern District of West Virginia
1963 - 1965McClintock, James, Wise & Robinson, Associate
1962 - 1963Chief Judge John A. Field, Jr., U.S. District Court, Southern District of West Virginia, Law Clerk
1962LL.B.West Virginia University College of Law
1959 B.S.West Virginia University (Business Administration)
Bar Admissions
1962West Virginia
Court Admissions
1974Supreme Court of the United States of America
1966U.S. Court of Appeals, Fourth Circuit
1965U.S. District Court, Northern District of West Virginia
1963U.S. District Court, Southern District of West Virginia

Professional Involvement:
  • American Bar Association (Section on Criminal Justice; Section on Litigation; Forum Committee on Health Law; Committee on Complex Crimes Litigation)
  • Federal Bar Association
  • West Virginia State Bar (Member, Criminal Law Committee)
  • Kanawha County Bar Association
  • Fourth Circuit Judicial Conference (Permanent Member)
  • National Association of Former United States Attorneys
  • American Board of Trial Advocates (Advocate)

  • Former Senior Warden, Good Shepherd Episcopal Church, Charleston, West Virginia
  • Member, Kanawha 20 AF&AM, Charleston, West Virginia
  • Thirty-second Degree Scottish Rite Mason, Valley of Charleston
  • York Rite Bodies, Charleston, West Virginia
  • Beni Kedem Temple, A.A.O.N.M.S., Charleston, West Virginia, Past Potentate
  • Royal Order of Jesters, Charleston, West Virginia, Past Director, Impresario
  • A.A.O.N.M.S.; Imperial Council, Emeritus representative; Grievances and Appeals Committee, Chairman

Teaching and Lecturing:
  • 1997 Speaker at National Mining Association - Mining Lawyers Conference - Topic: Officers and Directors Liability in Criminal Investigations
  • 1995 Speaker at WV Coal Mining Institute, Inc. - Criminal Law
  • 1992 Speaker at National Association of Legal Assistants, Inc. - Topic: Criminal Law
  • 1982 Speaker at Staff Meeting of Charleston Area Medical Center - Topic: Informed Consent
  • 1981 Speaker at American Law Institute - American Bar Association Committee on Continuing Professional Education, Washington, D.C.
  • 1980 Speaker at National Coal Lawyers Association, Colorado Springs, CO

Writings and Publications:
  • Case Comments, West Virginia University Law Review
  • Criminal Law Procedure, West Virginia Practice Handbook
  • Numerous speeches, panel participation before bar and medical groups on the subjects of criminal law and health care law

Awards and Honors:
  • Order of the Coif
  • Associate Editor, West Virginia Law Review
  • Listed in The Best Lawyers in America®, Criminal Defense, 1997-98
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