Lawyers for Roman Polanski and his victim in a 32-year-old case joined forces Thursday to ask an appeals court to dismiss a sexual misconduct charge against the director in the interest of justice.

It was a surprise move in a lively hearing where appellate justices peppered lawyers and a prosecutor with pointed questions, often interrupting their arguments to raise new issues.

Associate Justice Laurie Zelon asked the prosecutor why the district attorney's office had not investigated recent allegations of misconduct by a judge and prosecutor during Polanski's 1977 court proceedings.

"Doesn't the district attorney's office have an interest in finding out what happened here?" Zelon asked.

Deputy District Attorney Phyllis Asayama replied, "Yes, we are interested. But I'm not sure we have the proper agency to do this." She didn't elaborate.

Presiding Justice Dennis Perluss, acknowledging there was misconduct by the now deceased judge, also questioned Asayama about whether "the district attorney has an obligation to see that justice is served."

The California Second District Court of Appeal is being asked to decide if it should order a Superior Court judge to consider dismissing the case without Polanski's attendance in court. The justices did not immediately issue a ruling.

"He has to be here," Asayama said, "especially given he had options 30 years ago and he didn't use them."

Polanski, the director of such classic films as "Chinatown" and "Rosemary's Baby," has been a wanted man since he fled to France on the eve of sentencing in 1978 for having unlawful sexual intercourse with a 13-year-old girl.

He was accused of plying the teen with champagne and part of a Quaalude pill then raping her during a modeling shoot at Jack Nicholson's house in 1977.

Polanski was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy. He later pleaded guilty to one count of unlawful sexual intercourse.

Polanski reached the plea deal in 1978, but was threatened by a judge with more prison time than previously agreed upon and fled to France before he was formally sentenced.

Polanski is now confined to house arrest in his Swiss chalet in the resort town of Gstaad, and his fate is in the hands of judges in two countries. He is fighting extradition.

Perluss, Zelon and Associate Justice Fred Woods also asked if Polanski could have sought appellate relief before taking the extreme measure of fleeing the country.

"There were a host of alternate remedies to fleeing because a bargain wasn't kept," Perluss said.

Attorney Chad Hummel, who represents Polanski, suggested the extent of judicial misconduct was not known at the time.