An attorney for Roman Polanski has told a Los Angeles judge that the fugitive film director won't appear at a hearing this week to seek dismissal of the 31-year-old sex case against him.

A court document filed Monday argues that Polanski's personal appearance is irrelevant to the question of whether official misconduct violated his constitutional rights.

Polanski, now 75, pleaded guilty in 1977 to unlawful sexual intercourse with a 13-year-old girl. He subsequently fled to France.

The judge has refused to consider dismissal as long as Polanski remains a fugitive. If he returns to the United States from France he would risk arrest.