DeLay

Why is Tom DeLay in any type of leadership position while under indictment? If congress/senate is serious about ethics (something they claim they are) they should make a rule that any member (democrat or republican) under indictment needs to resign from congress immediately. Now if that member is cleared of charges then he/she can run again either if that special election is going on OR when the person who replaces him/her has their term up. But then again why would they do something ethical like that?