Hi [~ann.campbell.2], I would convert this "Code Smells Detection Rule" into a "Bugs Detection Rule" by making it raising an issue : IF AND ONLY IF the "class.newInstance()" leads to call a constructor having some checked exceptions. This is another example of the following pattern : instead of enforcing a coding practice allowing to avoid facing some bugs from time to time, let's provide a rule able to precisely detect those bugs.
And in that case [~ann.campbell.2], the title and description of the rule should also evolve. For the title, that might become: "'Class.newIntance(...)' should be not be called when the relating nullary constructor throws checked exceptions".