Roman Polanski lost his latest bid to have a California court dismiss his 1977 sex case when a judge rejected a motion for a new hearing.
A nine-page order issued Tuesday by Superior Court Judge James Brandlin states that Polanski's claims of judicial misconduct and his bid to dismiss the case cannot be addressed because he remains a fugitive outside the country after pleading guilty to unlawful sex with a minor in 1977.
Polanski's lawyers have sought a public evidentiary hearing for the case, claiming a judge who handled the matter in 2008 and 2009 committed misconduct.
Bart Dalton, an attorney for Polanski, said he had not yet seen the order and could not comment.
Brandlin's order states Polanski has other options, including returning to California to address his claims.
In a 1977 plea deal, the Oscar-winning director pleaded guilty to one count of statutory rape for having sex with a 13-year-old girl during a photo shoot in Los Angeles.
Polanski was ordered in 1977 to undergo a psychiatric study at the state prison in Chino, where he served 42 days.
The prosecutor and Polanski's attorney have said they understood from a private conversation with the judge handling the case that the time in prison would serve as Polanski's punishment.
However, lawyers for the Polish-born director said the judge later reneged on the agreement and suggested Polanski would go back to prison. Polanski then fled to France.