I have met several excommunicated members throughout my life, and several of them still had the Spirit with them, as they were still trying their best to live the gospel the best they could. But then of course I've met others that were very bitter towards the church and began to do the exact opposite of what the church taught out of spite, and thus completely destroying their own lives.
On the other hand I know a guy & a girl who should have been excommunicated for adultery, but his Bishop let them stay (they were both sealed in the temple to their spouses at the time) because the Bishop himself had committed the same sin in the past & felt that he couldn't judge others for the same thing he himself had once done. It is obvious to most people that know these two that the Spirit has withdrawn from them, even though they may have escaped the discipline of the church. Now I don't meant to come across as being judgmental, but my only point is that God has the final say on who His Spirit will continue to strive with or not, and no one can escape His justice even though they might be able to fool their leaders.
Maybe you felt their positivity but if they have been excommunicated then they lose the spirit.
I agree with your point about the bishop and he will have to answer for that one day.
Church Responds to John Dehlin's Public Comments
The Church Has the Responsibility to Correct the Public Record
Holding a disciplinary council for a member of the Church is not something that any local leader takes lightly. Such councils are always held in private, and the member is always invited to be a part of that discussion. The decision as to whether to hold a disciplinary council, when and for what reasons rests with the local leader who knows the individual best. Local leaders operate under general principles and guidelines of the Church. Ref. Source 3